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Friday, December 9, 2011

Y! Alert: National Law Journal


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Apple vs. Android Top
Before his death, Apple Inc. Chief ExecuĂ‚­tive Officer Steve Jobs famously vowed to go "thermonuclear" against Google Inc.'s Android operating system for smartphones. The company has been following through on Jobs' threat, and ground zero is the International Trade Commission.
 
The penalty includes career death Top
A closely watched case tests the power of the government to punish corporate executives absent evidence the officials were aware of misconduct among subordinates.
 
INTELLECTUAL PROPERTY LAW: Debate over Web piracy act goes viral Top
Opponents predict end of a free Internet; supporters say that's a huge exaggeration.
 
Wachovia to pay $148M for manipulating municipal bond market Top
The Justice Department has announced that Wachovia Bank N.A., now known as Wells Fargo Bank N.A., will pay $148 million to federal and state agencies after admitting to anticompetitive activity in the municipal bond investments market.
 
General public may now register for controversial, porn-related dot-XXX domains Top
Amid lingering controversy about dot-XXX generic top-level domain names for the adult entertainment industry, the registration process was opened up to the general public this week and a fast-track dispute resolution program unrolled.
 
At 1st Circuit, two ex-lawyers appeal mortgage fraud convictions Top
Two former Massachusetts lawyers who were convicted for participating in the same mortgage fraud scheme mounted appeals on different theories at combined oral arguments at the U.S. Court of Appeals for the 1st Circuit. Three nonlawyers also appealed their convictions in the same hearing.
 
Law school establishing branch in Savannah Top
Atlanta's John Marshall Law School announced on Dec. 8 that is has received American Bar Association approval to open a Savannah branch campus next fall. The new location will be called Savannah Law School.
 
N.C. Central dean returning to private practice Top
Raymond Pierce, the dean of North Carolina Central University School of Law, will step down at the end of the academic year to become a partner in the Raleigh office of law firm Nelson Mullins Riley & Scarborough.
 
Government misconduct in FCPA prosecution cited in related case Top
A federal judge's dismissal of convictions in a high-profile FCPA case due to prosecutorial misconduct has prompted a defense attorney in a related prosecution to challenge the government's case against his client.
 
7th Circuit rules for borrower over BOA in Truth in Lending Act case Top
The U.S. Court of Appeals for the 7th Circuit has revived a borrower's case against Bank of America and a title company for giving him one instead of two copies of a notice advising of a three-day right to cancel a refinancing.
 
Indiana dean will balance provost duties with leadership of law school association Top
Lauren Robel is gearing up for a busy 2012. A mere month before the dean of the Indiana University Maurer School of Law-Bloomington is to assume to the presidency of the Association of American Law Schools, university leaders have tapped her as the interim provost of the entire Bloomington campus.
 
Pom Wonderful loses jury verdict on trademark violations claim — again Top
A federal jury on Dec. 6 rejected Pom Wonderful LLC's claims that Ocean Spray Cranberries Inc. misled consumers by selling a product that contained trace amounts of pomegranate juice.
 
INTELLECTUAL PROPERTY LAW: Personalized medicine: a dynamic patent landscape Top
One legal question arising from recent advances in personalized medicine concerns the right of a patent owner to demand a patent license fee or simply to stop a third party from using a patented technology, such as a gene sequence.
 
INTELLECTUAL PROPERTY LAW: Debate continues over paid-in-full patent awards Top
Defendants prefer them, while patent owners seek compensation for willful future infringement.
 
INTELLECTUAL PROPERTY LAW: Domestic industries have more power to protect trade secrets globally Top
In TianRui v. ITC, the Federal Circuit upheld an ITC decision denying importation of goods when the trade secret misappropriation occurred outside the U.S.
 
THE PRACTICE: Appropriation art poses challenges for copyright law Top
The 2d Circuit's forthcoming ruling in 'Cariou v. Prince' likely will be a significant landmark in the debate.
 
OPINION: A bright future for ADR Top
Despite some challenges, alternative dispute resolution can remain a major force in resolving complex disputes.
 
OPINION: A call for prosecutorial accountability Top
New research shows that prosecutors are rarely disciplined when misconduct occurs.
 
IN-HOUSE COUNSEL: In law departments, spending ticks up Top
Survey indicates a majority of chief legal officers increased internal and external budgets in the past year.
 
ANTITRUST: DOJ's suit against AT&T: rhetoric v. reality Top
From a traditional antitrust analysis, it would be hard to see how the government can lose this one in court.
 
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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