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The latest from National Law Journal

• For health care law, an uncertain prognosis
• Fighting to keep his law license
• A law school climate clash
• 7th Circuit denies FedEx's petition against judicial panel in cases over driver classification
• Maryland governor demands that law school drop lawsuit
• USC shelves plans for a tax LL.M.
• 9th Circuit agrees to hear early appeal in Toyota MDL
• Defense counsel may not pull out of patent case despite client's nonpayment
• Ginsburg, others praise the impact of Reed v. Reed, 40 years later
• In fiscal 2011, EEOC won record-breaking $365M for discrimination victims
• Dueling motions in Kung Fu Panda copyright case
• Professor's plea: Say no to 'law school porn'
• WHITE-COLLAR CRIME: Taking a stand on taking the stand
• WHITE-COLLAR CRIME: Export controls enforcement intensifies
• WHITE-COLLAR CRIME: Aggressive FCPA enforcement persists
• WHITE-COLLAR CRIME: Does defense from federal RICO apply to 'little RICO' statutes?
• THE PRACTICE: A game of inches: some oral advocacy pointers
• OPINION: Occupy Wall Street's message for lawyers
• OPINION: Crisis management and Penn State
• THE CAREERIST: More bad news for women
• LAW SCHOOLS REVIEW
• The Minority 40 Under 40

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For health care law, an uncertain prognosis	Top
The U.S. Supreme Court, in answering questions surrounding the nation's new health care law, will reveal as much about its newest members as it does about the constitutionality of the law itself — and the most controversial aspect of the health care law may not ultimately produce the most important ruling.
Fighting to keep his law license	Top
In balking at putting Pierce O'Donnell behind bars for campaign finance violations, a federal judge has placed at risk something the well-known trial attorney that by all indications values more highly than his freedom: his license to practice law.
A law school climate clash	Top
Michael Mann, a professor of meteorology and geosciences at Pennsylvania State University, isn't an expert on state public-records laws. But he's fast becoming one. His research on climate change has put him at the center of two legal battles in Virginia state courts.
7th Circuit denies FedEx's petition against judicial panel in cases over driver classification	Top
The U.S. Court of Appeals for the 7th Circuit has denied a mandamus petition brought by FedEx against the U.S. Judicial Panel on Multidistrict Litigation. At issue was the panel's remand to their original courts of a dozen cases brought by FedEx drivers seeking to be classified as employees.
Maryland governor demands that law school drop lawsuit	Top
The battle between Maryland lawmakers and the environmental clinic at the University of Maryland Francis King Carey School of Law reignited this week, when Gov. Martin O'Malley sent a harshly worded letter to Dean Phoebe Haddon calling the clinic's involvement in a lawsuit an "ongoing injustice."
USC shelves plans for a tax LL.M.	Top
Launching master of law programs in tax seemed like a great idea when employers were confident that there would be a demand for the credential. But the legal market has changed dramatically since then, and the University of Southern California Gould School of Law is backing off a plan to add a tax LL.M. program.
9th Circuit agrees to hear early appeal in Toyota MDL	Top
A federal appeals court has granted Toyota Motor Corp.'s request to immediately review a lower court ruling that allowed millions of consumers to sue the company for damages even though their cars didn't experience a defect or sell for reduced prices following the company's recall of more than 8 million vehicles to repair the defect.
Defense counsel may not pull out of patent case despite client's nonpayment	Top
A federal magistrate judge has denied a bid by Minneapolis firm Leffert Jay & Polglaze to withdraw from a patent case, despite the fact that its client hasn't paid nearly $278,000 in legal bills.
Ginsburg, others praise the impact of Reed v. Reed, 40 years later	Top
At a packed panel discussion at the National Press Club Nov. 17, U.S. Supreme Court Justice Ruth Bader Ginsburg remarked at how the Constitution has allowed the country to evolve to embrace "a marvelous diversity."
In fiscal 2011, EEOC won record-breaking $365M for discrimination victims	Top
It's been a record-breaking year at the U.S. Equal Employment Opportunity Commission, which received more discrimination charges than ever before and won an all-time high $365 million for victims of workplace discrimination, while simultaneously managing to reduce its huge backlog of cases.
Dueling motions in Kung Fu Panda copyright case	Top
Call it judicial jujitsu in a case over a martial arts bear. A plaintiff who claims DreamWorks and Paramount infringed his copyrights in their Kung Fu Panda movies has asked the court to sanction the defendants for improper investigation tactics, but his opponents want the case dropped because he skipped a deposition.
Professor's plea: Say no to 'law school porn'	Top
It's that time of year when law school faculties are inundated with so-called "law school porn" — slick mailings extolling the virtues of individual law schools meant to influence law school rankings. Some legal educators believe the barrage of mail has gotten out of control, and proves that rankings are driving administrative decisions.
WHITE-COLLAR CRIME: Taking a stand on taking the stand	Top
The decision about whether a defendant testifies should be exceptionally nuanced; ramifications are hard to judge.
WHITE-COLLAR CRIME: Export controls enforcement intensifies	Top
Anything but strict compliance with regulations may expose a company to severe civil and criminal sanctions.
WHITE-COLLAR CRIME: Aggressive FCPA enforcement persists	Top
Increased activity, along with recent legal developments, mandate that companies remain vigilant.
WHITE-COLLAR CRIME: Does defense from federal RICO apply to 'little RICO' statutes?	Top
Because state versions are worded differently, courts divide on whether operation-or-management test applies to them.
THE PRACTICE: A game of inches: some oral advocacy pointers	Top
There is no inconsistency between being aggressive and determined and being courteous and professional.
OPINION: Occupy Wall Street's message for lawyers	Top
Behind every credit default swap or short of subprime mortgage-backed assets sit legal counsel sanctioning these practices; their hands are no cleaner than those of their clients.
OPINION: Crisis management and Penn State	Top
Because university officials failed to appreciate that everybody is replaceable, the school's reputation has been sullied.
THE CAREERIST: More bad news for women	Top
You'll need a shot or two of whiskey to get through these highlights (or are they lowlights?) of the latest survey from the National Association of Women Lawyers.
LAW SCHOOLS REVIEW	Top
Rising tuition. Misleading employment statistics. Inadequate skills training. One law school professor has launched a full-scale assault on the legal education system in response to these mounting issues. Are law schools in crisis?
The Minority 40 Under 40	Top
The lawyers profiled here were all born in the 1970s, a decade when law schools and law firms were just beginning to welcome minorities in significant numbers. The thriving careers of these lawyers — at law firms and in government, academia and public interest — attest to the greater opportunities available to them, as well as to their talents.

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