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Copenhagen Diary: Dueling brackets
December 16, 2009
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SAC Capital Founder's Ex-Wife Hits Him With Bombshell Suit
December 16, 2009
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McDermott's Lanny Davis Sticks Up For Partner, Ex-Mass Gov. Weld
December 16, 2009
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Tales of the Deferred: Will Other Firms Follow Nixon Peabody?
December 16, 2009
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Judge Approves General Growth Properties Mortgage Modification Deals
December 16, 2009
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Dewey Matches Market for Bonuses, Leaves Lockstep in Place
December 16, 2009
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European Regulators Drop Latest Microsoft Antitrust Action
December 16, 2009
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Abu Dhabi Fund to Citi: About That 2007 Deal...
December 16, 2009
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Remember WaMu?
December 16, 2009
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Dubai's Abu Dhabi $10 Billion Bailout Good News--For Now
December 16, 2009
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Free US Case Law from Google! - US Federal + 50 State Case Law
November 17, 2009
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ABA Law Firm Marketing Strategies Conference, Philadelphia, November 12-13, 2009
August 24, 2009
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Legal Information Institute Tom Bruce, Dan Nagy & Deborah Schaaf visit Ithaca West
(aka Berkeley & the Silicon Valley)
March 20, 2009
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Yes We Scan!!! Carl Malamud for Head of the Government Printing Office
March 4, 2009
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For the Birds: LegalBirds: Twitter Directory for the Legal Community
February 2, 2009
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Free Lawyer Directory from Justia & Cornell Legal Information Institute
January 21, 2009
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President Barack Obama inaugurated as the 44th President of the United States of
America
January 20, 2009
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President Barack Obama
November 5, 2008
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Home Foreclosure Resources & The Foreclosure Survival Guide by Steve Elias - New
Nolo.com Book
October 13, 2008
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Building Codes, State Codes & Regulations from Carl Malamud &
Public.Resource.org
September 8, 2008
Featured Case
Connectu v. Facebook (and vice versa)
The Facebook, Inc. v. Connectu, LLC et al Filed: March 9, 2007 California Northern
District Court
Connectu, Inc. v. Facebook, Inc. et al Filed: March 28, 2007 Massachusetts District
Court
ConnectU is suing Facebook in Massachusetts for copyright infringement, breach of actual or implied contract, misappropriation of trade secrets, breach of fiduciary duty, unjust
enrichment, unfair business practices, intentional interference with prospective business advantage, breach of duty of good faith and fair dealing, fraud and breach of confidence.
Facebook is suing ConnectU in California for business torts and unfair business practices. Read More
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Microsoft Apple eBay Barry Bonds |
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| Case Name | Case Filed | Last Update |
|---|---|---|
| Software Rights Archive, LLC v. Google Inc. et al | November 21, 2007 | December 18, 2009 |
| Plaintiff Software Rights Archive, LLC alleges that Defendants Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL LLC and Lycos, Inc. infringed on U.S. Patent No. 5,544,352 entitled "Method and Apparatus for Indexing, Searching and Displaying Data." | ||
| Eolas Technologies Incorporated v. Adobe Systems Incorporated et al | October 6, 2009 | December 18, 2009 |
| Performance Pricing, Inc. v. Google Inc. et al | September 27, 2007 | December 17, 2009 |
| Plaintiff Performance Pricing, Inc. sued Google Inc., AOL LLC, Microsoft Corporation and Yahoo! Inc. for infringing U.S. Patent No. 6,978,253 entitled "Systems and Methods for Transacting Business Over a Global Communications Network such as the Internet." | ||
| IN RE: GUANTANAMO BAY DETAINEE LITIGATION | July 2, 2008 | December 17, 2009 |
| Coordinates and manages all cases involving Guantanamo Bay detainees that have been filed or may be filed in the future. | ||
| ESN LLC v. Cisco Systems, Inc. et al | January 31, 2008 | December 17, 2009 |
| Plaintiff ESN, LLC alleged that Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC infringed on U.S. Patent No. 7,283,519 entitled "Distributed Edge Switching System for Voice-Over-Packet Multiservice Network." | ||
| Ward v. Cisco Systems, Inc. et al | March 13, 2008 | December 17, 2009 |
| Plaintiff John Ward, Jr. alleged that Defendant Rick Frenkel published false, scandalous and defamatory allegations about the Plaintiff on his Patent Troll Tracker blog. | ||
| EMG Technology, LLC v. Apple, Inc. | November 24, 2008 | December 17, 2009 |
| EMG Technology lawsuit accuses Apple of infringing U.S. Patent No. 7,441,196 in the way the iPhone navigates the Internet. | ||
| Facebook, Inc. v. Power Ventures, Inc. | December 30, 2008 | December 17, 2009 |
| Securities and Exchange Commission v. Nadel et al | January 21, 2009 | December 17, 2009 |
| Jewel et al v. National Security Agency et al | September 18, 2008 | December 17, 2009 |
| The plaintiffs are suing the government for illegally wiretapping their phones and internet. This is the companion case to Hepting vs. AT&T, which accuses the telecom of illegally helping with the same surveillance. | ||
| Case Name | Case Filed | Last Update |
|---|---|---|
| Bickford et al | December 16, 2009 | December 16, 2009 |
| Franz A. Wakefield v. Apple Inc. et al | December 15, 2009 | November 2, 2009 |
| YODLE, INC. v. POUSSON et al | December 15, 2009 | December 15, 2009 |
| BetaNet, LLC v. Adobe Systems, Inc et al | December 14, 2009 | December 14, 2009 |
| Plaintiff BetaNet LLC alleges that Defendants infringed U.S. Patent No. 5,222,134 and 5,103,476, both entitled "Secure System for Activating Personal Computer Software at Remote Locations." | ||
| Facebook, Inc. v. Fisher et al | December 14, 2009 | December 14, 2009 |
| Interserve, Inc. et al v. Fusion Garage PTE. LTD | December 10, 2009 | December 10, 2009 |
| Plaintiff alleges that Defendant unilaterally canceled the collaboration between itself and TechCrunch, and announced that it was going to exploit for its own exclusive benefit all that the parties had done together and cut TechCrunch out of the project and its rewards. | ||
| Case Name | Case Filed | Last Update |
|---|---|---|
| Perfect 10 Inc v. Google Inc et al | November 19, 2004 | December 16, 2009 |
| Plaintiff Perfect 10 sued defendant Google Inc. for displaying thumbnails of photographs copyrighted by the plaintiff. Consolidated with Perfect 10 Inc. v. Amazon.com Inc. et al. Additional Resources Ninth Circuit Opinion in Perfect 10 v. Google and Amazon. | ||
| Apple Inc. v. Psystar Corporation | July 3, 2008 | December 15, 2009 |
| Plaintiff Apple Inc. alleged that Defendant Psystar Corporation sold in commerce a computer named the OpenMac--subsequently changed to Open Computer--which runs a modified version of the Leopard operating system without authorization from Plaintiff and in violation of the terms of the Software License Agreement governing the use of Mac OS X software and Plaintiff's intellectual property., Defendant also provided direct copies and/or modified versions of Plaintiff's software updates. | ||
| Fairey et al v. The Associated Press | February 9, 2009 | December 14, 2009 |
| Claim that iconic Obama poster infringes on AP photo copyright | ||
| Case Name | Case Filed | Last Update |
|---|---|---|
| Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al | February 27, 2009 | December 15, 2009 |
| Plaintiff The Weather Underground, Inc. alleges Defendants Navigation Catalyst Systems Inc., Basic Fusion Inc., Connexus Corporation, and Firstlook Inc. used an automated process to register and use domain names that are confusingly similar to famous or distinctive trademarks owned by the Plaintiff. | ||
| Amiga Inc v. Hyperion VOF | April 26, 2007 | December 14, 2009 |
| Plaintiff Amiga Inc. alleges that it entered into an (OEM) License and Software Development Agreement with defendant Hyperion VOF for the development of Amiga's next generation operating system software, Amiga OS 4. Plaintiff further alleges defendant breached the agreement by marketing OS 4 outside the scope of the license, granting third parties the right to distribute OS 4 and use Amiga trademarks, refusing to turn over the source code and object code for OS 4, and failing to deliver OS 4 within the timeline specified in the contract. | ||
| Mikhlyn et al v. Bove et al | August 18, 2008 | December 14, 2009 |
| Rosetta Stone LTD v. Google Inc. | July 10, 2009 | December 14, 2009 |
| Specht et al v. Google Inc et al | April 28, 2009 | December 10, 2009 |
| American Airlines, Inc. v. Yahoo! Inc. et al | October 17, 2008 | December 9, 2009 |
| Plaintiff American Airlines Inc. alleged that Defendants Yahoo! Inc. and Overture Services, Inc. d/b/a Yahoo! Search Marketing sold to third parties the right to use the trademarks and service marks of American Airlines as keywords that trigger the appearance of paid advertisements. | ||
| Case Name | Case Filed | Last Update |
|---|---|---|
| Software Rights Archive, LLC v. Google Inc. et al | November 21, 2007 | December 18, 2009 |
| Plaintiff Software Rights Archive, LLC alleges that Defendants Google Inc., Yahoo! Inc., IAC Search & Media, Inc., AOL LLC and Lycos, Inc. infringed on U.S. Patent No. 5,544,352 entitled "Method and Apparatus for Indexing, Searching and Displaying Data." | ||
| Performance Pricing, Inc. v. Google Inc. et al | September 27, 2007 | December 17, 2009 |
| Plaintiff Performance Pricing, Inc. sued Google Inc., AOL LLC, Microsoft Corporation and Yahoo! Inc. for infringing U.S. Patent No. 6,978,253 entitled "Systems and Methods for Transacting Business Over a Global Communications Network such as the Internet." | ||
| Perfect 10 Inc v. Google Inc et al | November 19, 2004 | December 16, 2009 |
| Plaintiff Perfect 10 sued defendant Google Inc. for displaying thumbnails of photographs copyrighted by the plaintiff. Consolidated with Perfect 10 Inc. v. Amazon.com Inc. et al. Additional Resources Ninth Circuit Opinion in Perfect 10 v. Google and Amazon. | ||
| Google Inc. v. Traffic Information LLC | June 9, 2009 | December 16, 2009 |
| Beneficial Innovations, Inc. v. Careerbuilder, LLC et al | June 1, 2009 | December 16, 2009 |
| Textscape, LLC v. Google, Inc. | September 25, 2009 | December 16, 2009 |
| Rocky Mountain Bank -v- Google, Inc. | September 17, 2009 | December 16, 2009 |
Legal News From:
ABA Journal Daily News
| Kelley Drye Joins BigLaw Bandwagon Driving Away from Lockstep Pay | December 18, 2009 |
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Kelley Drye & Warren has joined a growing contingent of BigLaw firms that are abandoning the traditional "lockstep" system of paying associates based on the year in
which they graduated from law school. Managing partner James Kirk says partners of the New York-based firm have agreed to "move away from class year-based compensation over
the next year or two, similar to many firms, and will as a first step hold associate compensation at current levels for 2010," reports the New York Law ... more
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| Convicted for Being Naked in Own Home, Man Complains of ?Living in a Fishbowl? | December 18, 2009 |
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Convicted today by a Virginia judge of indecent exposure for walking around naked in his own home without drawing the blinds, Erick Williamson didn't get any jail time. But
the 29-year-old commercial diver still plans to appeal, even though his sentence included no jail time and no fine. It is possible that his sentence could be increased if he
does, reports the Associated Press. "I think that being tried and found guilty of something like this is outrageous," says Williamson, who contends that ... more
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| New Exam Issue Tests NYU Law School: How to Grade, When Some Saw Questions Earlier? | December 18, 2009 |
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In at least the second such snafu reported this month concerning a law school exam, New York University administrators are now pondering how to handle a situation in which
some of the students in a law school class, through no fault of their own, saw the questions in advance. Earlier, the University of Oregon was in the news after an exam was
accidentally posted in advance on an e-mail discussion list for students in a administrative law class. The problem at NYU School of Law occurred when a ... more
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| Prosecutor Wins Murder Conviction, Is Jailed for Contempt Over Trial Objections | December 18, 2009 |
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After winning a second-degree murder conviction Wednesday against Tyrone Wells, lead prosecutor Eusi Phllips wound up in jail himself yesterday. He was given a five-day
contempt sentence by the Criminal District Court Judge Arthur Hunter for using "discourteous language toward the court" and "disorderly behavior toward the judge," according
to reports a local Fox News affiliate and the Times-Picayune. The 31-year-old assistant Orleans Parish district attorney was released on a commercial surety ... more
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| Did Ex-Marine Take US Customs Job in Plan to Help Mexican Drug Smugglers? | December 18, 2009 |
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Faced with miles of new fencing at the United States border and upgraded security technology, Mexican traffickers reportedly are using another tactic to bring illegal drugs
into this country—corrupting the border police. Among those who may have applied for a Customs and Border Protection job with the intention of cooperating with drug dealers
is Luis Alarid, 32. An ex-U.S. Marine Corps. veteran who served in Iraq, he is now serving a seven-year federal prison sentence for pocketing some ... more
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| Judge: BCS Title Football Game Takes Precedence Over Upcoming Trial | December 18, 2009 |
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"Some things are more important than football," writes attorney Rip Andrews in a recent court filing. But his client's upcoming trial in a civil case isn't in that category,
an Alabama state court judge has ruled. Circuit Judge Dan King granted a motion by opposing counsel to delay the Jefferson County trial so that defense attorneys, as well as
a number of jurors, witnesses and others connected with the case, could either attend the upcoming Bowl Championship Series showdown in Pasadena ... more
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| Setting Stage for ?Lawyer?s Dream? Divorce, Tiger Woods? Wife Retains Attorney Sorrell Trope | December 18, 2009 |
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Despite Tiger Woods' reported desire to save their marriage after a widely publicized series of alleged extra-marital affairs on his part, his wife apparently has decided to
file for divorce from the world-renowned professional golfer and may have moved from their Florida home. And, in a signal that she may attempt to win a property settlement
above and beyond what is provided for in a prenuptial agreement concerning their five-year marriage, 29-year-old Elin Nordegren has hired attorney Sorrell ... more
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| Story of Tiger Woods? Parking Lot Liaison Reportedly Killed with Law Firm?s Help | December 18, 2009 |
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More than two years ago, Tiger Woods’ law firm helped negotiate a deal that squelched a potential National Enquirer story about a liaison with a restaurant worker, according
to a published report. The law firm is Lavely & Singer, the Wall Street Journal reports. The 15-lawyer Los Angeles firm is known for its aggressive representation of
celebrities in disputes over controversial articles. The deal involved Woods’ agreement to an unprecedented level of access to his private life ... more
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| Lawyer Charged in Alleged Scheme to Divert Mortgage Payoffs to Fake Company | December 18, 2009 |
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A Massachusetts attorney is accused of using his legal skills to identify properties that were about to be sold and then recording documents to make it look as though a fake
company he created held the mortgage on them. But before Leon Gelfgatt could collect the $1.3 million in mortgage payoffs that he allegedly hoped to steal through this
scheme, he was arrested, according to the Boston Herald. Charged with attempted larcency and uttering, he is expected to be arraigned today in Cambridge ... more
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| Retired 32-Year Prosecutor Indicted Over Forfeiture Fund Expenditures | December 18, 2009 |
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The former lead prosecutor for Kimble County has been indicted there on two charges of misapplication of fiduciary property. Former District Attorney Ron Sutton, who retired
at the end of 2008 after 32 years with the prosecutor's office, is accused of spending seized funds for travel and staff bonuses, reports the San Antonio Express-News. He
was released on personal recognizance bond in the third-degree felony case. Although the newspaper apparently wasn't able to reach Sutton for comment after ... more
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| Shift to Smaller Firms & Value Challenge Aren?t Killing Billable Hour, Consultant Says | December 18, 2009 |
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As attorneys and law firms have responded to the economic debacle of the past year or so, there have been significant shifts in the way they do business. But a great
deal—including use of the much-criticized billable hour—hasn't changed all that much, nor does it need to, consultant Robert Denney told the Delaware Valley Law Firm
Marketing Group earlier this month, discussing his annual report on what's hot and what's not in the legal profession. The billable hour is far from dead ... more
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| What Was Your Favorite Make-Life-Easier Tech Find in 2009? | December 18, 2009 |
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There's no shortage of time-saving technologies in the marketplace. In October, we wrote about 70 Sizzling Apps for smartphones. And this month, West announced the release
of its new iPhone app, CLE Mobile, to make CLE on the go more readily available. This made us wonder what technologies you've discovered in 2009 that help you in your
practice or day-to-day activities. So share with the rest of us: What was your favorite tech find this year that helped make work/life even a little better? ... more
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| PI Associate Takes Cousin?s Case and Wins in the Supreme Court | December 18, 2009 |
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Personal injury associate J. Craig Smith couldn’t turn down his father’s request to take on the case of his cousin Norman, who was fired from his job as a supervisor for a
carpet manufacturer after alleging the company was hiring undocumented aliens. "When my father called me from Georgia [in 2006] about Norman being fired, I didn't know if I
could do anything for him," Smith told the Connecticut Law Tribune. "But my Dad said, 'Remember who you are, and where you're from—we ... more
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| Washington & Lee?s 3Ls Learn in-the-Trenches Practice | December 18, 2009 |
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An innovative program has third-year students at Washington and Lee University law school outside the classroom, learning about practice in the world. This year’s program
began with a two-week course that required students to handle a court case from start to finish, the Washington Post reports. “It was a grueling, sunup to sundown affair,
not unlike the boot camp running next door at the Virginia Military Institute.” The second semester will open with another two-week ... more
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| Sheriff Wins Suits Challenging Jailhouse Christmas Music | December 18, 2009 |
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The controversial Arizona sheriff who has filed a racketeering lawsuit against the Maricopa superior court is waging a legal battle on a different front, this one over
holiday music. Sheriff Joe Arpaio has ordered the county jails to play holiday music 12 hours a day, prompting lawsuits from six Maricopa County inmates. All six cases have
been dismissed, the Associated Press reports. The inmates say the music amounts to cruel and unusual punishment and forces participation in religious ... more
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| A Few Drinks, and the Hogan Lovells Merger Is History | December 18, 2009 |
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Did the genesis of the merger between Hogan & Hartson and Lovells spring from drinks in Los Angeles between two lawyers? Hogan & Hartson chairman Warren Gorrell told
Legal Bisnow earlier this week that the merger idea came from a July 2008 meeting over drinks with Patrick Sherrington, the head of Lovells’ dispute resolution practice.
Sherrington isn’t about to disagree. He recalls having drinks with Gorrell, a friend he has known for more than 15 years through their ... more
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| Suit Claims Search Engine?s ?Bing? Name Infringes Trademark | December 18, 2009 |
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A small St. Louis design company claims in a lawsuit that Microsoft infringed its trademark when it called its new search engine Bing. The suit was filed in St. Louis
circuit court this week by Bing! Information Design, according to Ars Technica's One Microsoft Way blog, IDG News Service and a press release. The company, which creates
computer graphics and illustrations, claims Microsoft was aware of its name before it launched Bing. Bing! Information Design says it has used the name since 2000 ...
more
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| Will Federal Challenge to Same-Sex Marriage Ban Be on TV? Maybe | December 18, 2009 |
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An experimental program adopted Thursday by the judicial council for the San Francisco-based 9th U.S. Circuit Court of Appeals will allow televised civil bench trials, on a
case-by-case basis. The chief judges of each of the circuit's 15 districts will decide which cases may be recorded or broadcast, in consultation with 9th Circuit Chief Judge
Alex Kozinski, according to the Los Angeles Times and the Recorder. The Recorder points out that a high-profile challenge to California’s same-sex ... more
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| Law Firm?s Search for Records Turns Up 96 Boxes of Cremains | December 18, 2009 |
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A law firm’s search for financial records of a bankrupt funeral home turned up a startling discovery: nearly 100 boxes of cremated human remains. Employees of Arnall Golden
Gregory in Atlanta found the remains in suburban storage units used by the Sellers Brothers Funeral business, according to WSB-TV, which broke the news. The Atlanta
Journal-Constitution and the Associated Press also had stories. Nine boxes of the remains had no identification on them, so the families cannot be notified ... more
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| Unhappy Holidays May Await Flyers Who Put Valuable Items in Checked Bags | December 17, 2009 |
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If you're thinking about putting jewelry or a laptop computer in a checked bag when taking a holiday flight, you might want to think again. Theft of valuables from
luggage—often by airline employees or other airport workers—has gone up a lot lately. And airlines routinely deny passenger claims for reimbursement for such thefts, because
the standard "contract of carriage" included in airline tickets excludes liability for lost or stolen valuables including laptop computers, cameras ... more
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| Report Slams Shoddy Work at State Police Lab, Says Analyst Didn?t Know How to Use Microscope | December 17, 2009 |
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Oversight was so lacking at a New York state police crime lab that one analyst continued routinely to falsify test results over a 15-year period, compromising one-third of
his 322 cases, an inspector general has determined. And a subsequent internal review of the situation ignored systemic problems and simply blamed the analyst, who committed
suicide in 2008, reports the New York Times. Part of the problem was that the analyst didn't know how to use a microscope, according to the newspaper. IThe ... more
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| Owners Making Agreed Loan Payments Can Lose Their Homes Without Notice | December 17, 2009 |
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The federal Home Affordable Modification Program is supposed to help struggling owners get revised mortgage terms that will make it possible for them to hold onto their
personal residences. But only a small fraction of those who apply are being approved by lenders, even when they are making trial revised loan payments on time, reports
McClatchy Newspapers. And, if their applications are rejected, homeowners don't even have to be notified that there is a problem, under standard HAMP application ...
more
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| ABA Prez Applauds Progress Toward Passing Privilege Protection Law | December 17, 2009 |
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Applauding the introduction of a bill in the House of Representatives yesterday that would restrict federal agencies from pressuring organizations and their employees to
waive legal protections when they are under investigation, the president of the American Bar Association has called for swift enactment of the the Attorney-Client Privilege
Protection Act Of 2009 Federal agency policies that virtually compel the disclosure of attorney-client communications or attorney work product or make it ... more
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| Hogan & Hartson Associate Makes Partner ... at Seyfarth Shaw | December 17, 2009 |
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An associate at Hogan & Hartson has made partner ... at Seyfarth Shaw, starting work today at the firm's Washington, D.C., office. William Kahn focuses his practice on
international mergers and acquisitions, and has a client portfolio that includes aerospace, defense and technology companies. He tells the Blog of Legal Times that he had
begun looking to move before his now-former firm's planned merger with Lovells became known. The ability to provide clients with “more transparency and ... more
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| Bar Judge Asks 3-Year Suspension for Lawyer Who ?Badgered, Berated, Screamed, Yelled? | December 17, 2009 |
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A California plaintiffs lawyer should be suspended for three years, a State Bar Court judge recommends, because of his "outrageous" and "insolent" behavior. The judge also
found that Philip Kay, who practices out of San Francisco, entered into an illegal fee-sharing arrangement in a high-profile sexual harassment suit against Baker &
McKenzie that reaped a $3.5 million judgment more than a decade ago, reports the Recorder in an article reprinted in New York Lawyer (reg. req.) Dialing down ... more
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Law.com
| For Law Firm Associates, It's Been a Decade of Thrills and Chills | December 19, 2009 |
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It was a wild ride for associates at big law firms during the first decade of the century. In the end, most everyone was a little queasy from the experience. Between 2000
and 2009, law firms doled out jaw-dropping bonuses, lavished benefits and hiked first-year salaries to a point that drew the envy of federal judges. The decade also featured
mass job cuts, pay reductions and a decided shift in power for recent law graduates, many of whom, at decade's end, were clamoring for even part-time work ... more
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| Privilege Takes Center Stage as WaMu Bankruptcy Heats Up | December 19, 2009 |
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Lawyers for Washington Mutual filed papers Friday in the bank's Chapter 11 case claiming Sullivan & Cromwell, on behalf of WaMu's new owners at JPMorgan Chase, has been
sending out letters asking WaMu's old law firms to turn over client files on WaMu that include privileged material. The letters claim JPMorgan should have access to the
documents because JPMorgan and WaMu are essentially the same entity now and therefore have "joint privilege." WaMu's lawyers at Quinn, Emanuel, Urquhart, Oliver & ...
more
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| 2nd Circuit Rejects Aliens' Claims of Unlawful Prolonged Detention | December 19, 2009 |
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The 2nd Circuit upheld Friday the dismissal of a central claim in a high-profile putative class action filed on behalf of Arab and Muslim noncitizens who were subjected to
prolonged, abusive detention by immigration officials in the wake of 9/11. The plaintiffs had contended the federal government used their immigration violations as a "cover"
or "excuse" to investigate possible ties to terrorism. The panel ruled that the government's motivation for holding the detainees was irrelevant because ... more
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| IQPC Puts a Wrap on E-Discovery 2009 | December 19, 2009 |
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IQPC's eDiscovery event of 2009 focused on rapid early case assessment and review strategies, as well as realigning relationships between outside counsel, in-house counsel,
legal, and IT. For firms adopting e-discovery strategies for 2010, Ari Kaplan offers an overview of this year's sessions ... more
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| Former Law Firm Partners Suspended for Not Paying Taxes | December 19, 2009 |
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Two lawyers, one a former partner at Kaye Scholer, have been suspended by a New York court for failing to pay taxes for an extended period. John J.P. Howley, who had been
head of pro bono at Kaye Scholer, and Ronald A. Goldman, who had been a partner at Manning Raab Dealy & Sturm, were also sentenced to pay a $10,000 fine. The panel
credited Howley's death penalty work but noted that he had disregarded his tax obligations while "enjoying a lavish life style," which included two large homes and ...
more
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| Comverse to Pay $225 Million in Backdating Settlement | December 19, 2009 |
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In a settlement that was a long time in the crafting, Comverse, the large information technology company, has agreed to pay $225 million to settle a securities class action
over backdated stock options. The agreement, which was filed in Brooklyn federal district court on Friday, must be approved by Judge Nicholas Garaufis. The deal marks the
second-biggest backdating settlement to date, after UnitedHealth Group paid more than $920 million in 2008 ... more
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| The Bear Stearns Deal: What JPMorgan's GC Knew -- and When | December 19, 2009 |
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A report by the Securities and Exchange Commission's inspector general offers new insights into what the agency's enforcement director told Stephen Cutler, general counsel
for JPMorgan Chase, on the weekend the bank acquired Bear Stearns. The report looked into allegations that Linda Thomsen, SEC enforcement chief at the time of the takeover,
improperly gave Cutler information about ongoing SEC investigations involving Bear Stearns. Thomsen had been Cutler's deputy while he was chief of the ... more
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| Judge Blasts U.S. Attorneys' Pursuit of High-Profile Defense Lawyer | December 19, 2009 |
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A Georgia federal judge has slammed federal prosecutors for making "sweetheart plea deals" with drug dealers to further their "relentless pursuit" of a criminal defense
attorney whose trial ended last month when a jury acquitted him of drug conspiracy, attempted bribery and money laundering charges. The judge issued his harsh criticism of
the U.S. Attorneys' Offices in an unusual order explaining why he more than doubled the recommended prison sentence of a federal witness who testified against ... more
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| Judge Sets Trial Date for Allen Stanford as Attorneys Tussle Over Fees | December 19, 2009 |
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Texas financier R. Allen Stanford's trial on charges he bilked investors out of $7 billion as part of a massive Ponzi scheme will begin in January 2011, a federal judge has
ruled. U.S. District Judge David Hittner also held a hearing on whether attorney fees will be paid under an insurance policy Stanford's company bought. Lloyd's of London
estimates that legal fees could be as much as $100 million but Stanford's attorney said the total is actually closer to $20 million to $30 million for all ... more
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| O'Melveny's Srinivasan Tapped for Skilling Supreme Court Argument | December 19, 2009 |
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O'Melveny & Myers has tapped partner Sri Srinivasan to argue before the Supreme Court in former Enron CEO Jeff Skilling's appeal of his criminal conviction. Srinivasan
has argued 15 cases before the high court, including one last month. But Daniel Petrocelli, who heads O'Melveny's trial practice and represented Skilling at trial and before
the 5th Circuit, won't fade into the background. He'll be at Srinivasan's side at the Court and will continue to be Skilling's principal spokesperson. And he ... more
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| N.Y. District Attorneys Urged to Review Convictions in Wake of Widespread Evidence Errors | December 19, 2009 |
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District attorneys in 44 of New York's 62 counties should review scores of closed criminal cases, a state watchdog advised Thursday, because a forensic scientist working for
the state police routinely failed to perform mandatory tests on crime scene trace evidence and then fraudulently wrote up results. The report found that not only was the
scientist performing defective tests between 1993 and 2008, but his supervisors either failed or were not scientifically qualified to review his work to ... more
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| Court Officials Resort to Online Petition to Save Their Funding | December 19, 2009 |
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Alarmed at looming budget cuts, Fulton County, Ga., court officials are appealing to the court of public opinion to sway local commissioners. The Superior Court Web site has
posted a petition to "Keep the Courts Open," in response to planned cuts of more than 10 percent to the county's courts and the offices of the DA, sheriff and public
defender. Most of the initial signers of the online petition identify themselves as being from out of state, including some who said they were from France ... more
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| Fla. Supreme Court Bans Shackles for Juveniles in Courtroom | December 19, 2009 |
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The Florida Supreme Court has banned the widespread practice of shackling juvenile defendants in courtrooms, calling it "repugnant, degrading, humiliating and contrary to
the state's primary purposes of the juvenile justice system." The 6-1 court amended the rules of judicial procedure to state a juvenile defendant cannot be placed in
handcuffs, chains, irons or straitjackets unless the court finds it necessary in specific instances. The court suggested shackling may violate the children's due ...
more
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| Food Fight Hits 11th Circuit as Charities Resist Restrictions on Public Giveaways | December 19, 2009 |
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As tough economic times linger, the 11th Circuit on Thursday considered how far cities may go in regulating how charity groups distribute food to the poor. At issue was an
Orlando, Fla., ordinance that requires a permit to distribute food to 25 people or more in the city's downtown parks. The organizations had successfully challenged the
ordinance on the basis that it violated their freedom of speech and religion. On Thursday, however, they encountered some skepticism from two of the three ... more
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| Will Law Firm Changes Affect Hiring and Retention of Associates? | December 19, 2009 |
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Over the course of the past two years, aggregate demand by companies for legal services has declined. As a result, many law firms have cut costs through layoffs and lowered
salaries. Several firms have also implemented training programs that reduce salaries for participants, or announced that they will be abandoning the traditional lockstep
salary structure. Consultant James Smith discusses the possible effects of these types of developments on attracting and retaining entry-level and lateral ... more
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Copyright 2009. Incisive Media US Properties, LLC. All rights reserved.
LegalTimes.com - Legal News Online from the Nation's Capital
| All Eyes On Kennedy During Firefighters Argument | December 19, 2009 |
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When the city of New Haven, Conn., in 2003 tossed out a promotion test for firefighters after learning that no African-Americans had passed, was it striking a blow for or
against civil rights? The Supreme Court heard vigorous debate on that question Tuesday in the case of Ricci v. DeStefano, with Justice Anthony Kennedy likely holding the key
vote in deciding the answer ... more
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| Drugs in Schools Take Centerstage in Arguments Over Strip-Search | December 19, 2009 |
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The Supreme Court struggled Tuesday to find the right balance between student privacy and public school safety in the case of an Arizona middle-school girl who was
strip-searched on suspicion of having an ibuprofen pill ... more
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| Government Jobs Elusive for Laid-Off Lawyers | December 19, 2009 |
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Legal career counselors and agency officials say there's been a surge in lawyer applicants for government jobs, thanks to the crashing private sector economy, and the
swelling talent pool is making the cumbersome process even tougher ... more
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| D.C. Appeals Judge Ruiz Pushed for Circuit Slot | December 19, 2009 |
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There are two vacant slots on the U.S. Court of Appeals for the D.C. Circuit, but as far as many Washington lawyers are concerned one is already spoken for. Lawyers at
several D.C. firms, along with the Hispanic Bar Association of D.C., have launched an aggressive campaign to get D.C. Court of Appeals Judge Vanessa Ruiz onto the circuit
... more
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| Final Arguments of Term Filled With Big Cases | December 19, 2009 |
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An intense two-week period begins April 20 for the Supreme Court, for the Solicitor General's Office, and especially for Austin, Texas, lawyer Gregory Coleman.Coleman, a
former Texas solicitor general and Clarence Thomas clerk who is building a significant Supreme Court practice from Austin, will appear for the conservative side in the
highest-profile cases of the next two weeks, on affirmative action and voting rights ... more
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| Inadmissible: Inadmissible: Culvahouse Speaks on Palin Vetting, plus more... | December 19, 2009 |
| Points of View: Free Speech Does a Body Good | December 19, 2009 |
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A 1st Circuit decision threatens to choke off the free flow of drug data. The court wrongly upheld a state law banning certain commercial uses of prescription histories of
individual doctors. The Supreme Court should step in ... more
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| Points of View: Still Trapped On Torture | December 19, 2009 |
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Eric Holder Jr. is clearly not eager to prosecute CIA agents for recent misdeeds. But as attorney general he has a responsibility to honor U.S. treaty obligations. He needs
to convene a grand jury to look at torture ... more
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| Points of View: Shiver Me Lawyers | December 19, 2009 |
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Before anyone turns Somali pirates into criminal defendants, we need to remember how the United States has historically dealt with piracy. It wasn't with an abundance of
complicated legal proceedings ... more
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| Special Report: Stay Alert on Road to Lower Patent Costs | December 19, 2009 |
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The rewards of the Patent Prosecution Highway program will go to those who manage the risks wisely. Watch out for issues of inequitable conduct ... more
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| Special Report: See the First Flights of the Bilski Test | December 19, 2009 |
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The Patent Office's appeals board is weighing in with its early views on the Federal Circuit's new machine-or-transformation test ... more
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Copyright 2009. Incisive Media US Properties, LLC. All rights reserved.
Jurist Legal News & Research
| France judge orders probe of Chirac corruption allegations | December 18, 2009 |
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[JURIST] A French judge on Friday placed former French president Jacques Chirac [official profile; JURIST news archive] under preliminary investigation over allegations that
he misused public funds while serving as mayor of Paris from 1977 to 1995. Chirac is accused of financing the Rally for the Republic (RPR), now renamed as the Union for a
Popular Movement [party website, in French], by ... more
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| US execution rate now half that of decade ago: report | December 18, 2009 |
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[JURIST] The number of executions that took place in the US in 2009 was down 47 percent from 10 years ago, according to the Death Penalty Information Center (DPIC) [advocacy
website] annual report [text, PDF; press release, PDF] released Friday. There were 52 executions in 2009, compared to 98 in 1999. The report also emphasized that the number
of death sentences handed down in 2009 - 106 - is ... more
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| Cambodia war crimes court charges former Khmer Rouge leader with genocide | December 18, 2009 |
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[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Friday charged Khieu Samphan [Trial Watch profile; JURIST news archive], the
former head of state during the Khmer Rouge [BBC backgrounder; JURIST news archive] regime, with genocide for his involvement in the deaths of thousands of Vietnamese and
ethnic Cham Muslims. While not denying the killings took ... more
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| France court rules Google book search violates copyright laws | December 18, 2009 |
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[JURIST] A French court ruled Friday that Google [corporate website] violated French copyright law through its book-scanning initiative [Google Books website]. The Parisian
court fined Google ?300,000 euros (USD $430,000) for digitizing books and making excerpts available on the web. The challenge was brought in 2006 by French publishing group
La Martiniere, along with the French publisher's ... more
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| UK traveler data program may violate EU law: legislative report | December 18, 2009 |
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[JURIST] The UK's 1.2 billion-pound e-Borders [official website] program initiated by Prime Minister Gordon Brown [official profile; JURIST news archive] will likely be
found illegal under European Union (EU) law, the British House of Commons Home Affairs Committee [official website] reported [text, PDF; press release] Friday. The program
was intended to provide the UK Border Agency (UKBA) [ ... more
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| Mumbai terror attack suspect withdraws confession | December 18, 2009 |
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[JURIST] Suspected Mumbai terror attack [BBC backgrounder; JURIST news archive] gunman Mohammad Ajmal Amir Kasab [NDTV profile] withdrew his confession in an Indian court
Friday, claiming he was tortured and framed by police. Kasab originally pleaded not guilty in May, but interrupted his trial in July to confess and change his plea to guilty
[JURIST reports]. Presiding Judge Judge ML Tahilyani ... more
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| DOJ to increase enforcement of hate crime laws | December 18, 2009 |
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[JURIST] US Assistant Attorney General Tom Perez [official profile] said Thursday that the Civil Rights Division of the Department of Justice (DOJ) [official websites] plans
to increase its efforts to prosecute hate crimes. The DOJ brought 25 federal hate crime cases [AP report] during the first year of the Obama administration, which is the
highest annual number since 2001. The number had fallen ... more
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| Congress could block Guantanamo detainees in Illinois: House Republican leader | December 18, 2009 |
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[JURIST] US House of Representatives minority leader John Boehner (R-OH) [official websites] said Thursday that Congress could potentially block the Obama administration's
plan to purchase [JURIST report] the Thompson Correctional Center (TCC) [DOC backgrounder] in northwestern Illinois to house inmates from Guantanamo Bay [JURIST news
archive]. Boehner said that at least two pieces of ... more
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| Pakistan court issues arrest warrant for interior minister after amnesty struck down | December 18, 2009 |
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[JURIST] A Pakistani court on Friday issued an arrest warrant for Interior Minister Rehman Malik [official profile] on corruption charges, following Wednesday's Supreme
Court [official website] ruling striking down an amnesty order [JURIST report]. The Supreme Court ruled [order, PDF] that the National Reconciliation Ordinance (NRO) [text],
which granted immunity to President Asif Ali Zardari [ ... more
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| Russia rights activist urges EU to hold country accountable for abuses | December 18, 2009 |
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[JURIST] Russian human rights activist Sergei Kovalev on Wednesday urged the European Union (EU) [official website] to hold Russia accountable for human rights violations,
in a speech after receiving the Sakharov Prize for Freedom of Thought [official website]. Kovalev, joined by Oleg Orlov and Lyudmila Alexeyeva, accepted the award [press
release] on behalf of Russian human rights group Memorial ... more
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| Spain congress approves bill easing abortion laws | December 17, 2009 |
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[JURIST] Spain's lower house of parliament, the Congress of Deputies [official website, in Spanish] on Thursday approved [press release, in Spanish] a bill [text, PDF; in
Spanish] that would ease restrictions on abortions [JURIST news archive]. The bill passed by a vote of 183-158 with two abstentions. Current Spanish abortion law dates from
1985, after the end of the Franco regime. Abortions are ... more
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| Russia high court to review arrest of former Yukos oil executive | December 17, 2009 |
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[JURIST] The chief justice of the Russian Supreme Court [official website, in Russian] on Thursday ordered a review of the 2003 arrest of Platon Lebedev [defense website],
business partner of former Yukos oil executive Mikhail Khodorkovsky [defense website; JURIST news archive]. The decision came after the European Court of Human Rights (ECHR)
[official website] ruled [JURIST report] in 2007 that ... more
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| South Korea court issues arrest warrant for former PM on bribery charges | December 17, 2009 |
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[JURIST] A South Korean court on Wednesday issued an arrest warrant for former prime minister Han Myeong-sook on bribery charges. Han is accused of accepting USD $50,000
from former Korea Express CEO Kwak Young-wook in 2007 in exchange for helping him become president of Korea South-East Power Co., an affiliate of the state-run Korea
Electric Power Corporation [corporate websites]. Han, a senior ... more
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| France conservative leader to introduce bill to ban burqas in public | December 17, 2009 |
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[JURIST] The leader of France's conservative party, the Union for a Popular Movement (UMP) [party website, in French] announced Wednesday that he will introduce legislation
banning the burqa [JURIST news archive] in public. Jean-Francois Cope's announcement [Le Figaro report, in French] comes at the end of a six-month investigation by a special
commission into the causes, effects, and ... more
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| Switzerland bank to pay fines for violating US sanctions against Iran | December 17, 2009 |
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[JURIST] Credit Suisse [corporate website], Switzerland's second largest bank, agreed [DOJ press release] Wednesday to pay more than $500 million in fines to both the US
government and New York state for violating US sanctions against Iran and other countries. According to a criminal information filed Wednesday, Credit Suisse violated the
International Emergency Economic Powers Act (IEEPA) [text ... more
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| Federal judge orders release of Yemeni Guantanamo detainee | December 17, 2009 |
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[JURIST] A judge for the US District Court for the District of Columbia [official website] on Wednesday granted Yemeni Guantanamo Bay [JURIST news archive] detainee Saeed
Hatim's petition for habeas corpus, ordering his release. The US Department of Defense [official website] alleged that Hatim trained at the al Farouq paramilitary camp in
Afghanistan. Judge Ricardo Urbina's ruling remains sealed ... more
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| Housing Guantanamo detainees in Illinois prison will help close facility: Holder | December 17, 2009 |
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[JURIST] US Attorney General Eric Holder [official profile] said Wednesday that the decision to purchase [JURIST report] the Thompson Correctional Center (TCC) [DOC
backgrounder] in northwestern Illinois to house inmates from Guantanamo Bay [JURIST news archive] could help close the facility over the next several months. Holder told a
press conference that the purchase of the TCC removes a ... more
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| US government sues Intel for antitrust violations | December 16, 2009 |
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[JURIST] The US Federal Trade Commission (FTC) [official website] on Wednesday sued [complaint, PDF; press release] computer microchip manufacturer Intel [corporate website]
for antitrust violations. The complaint alleges that Intel used its dominant market position to stifle competition. According to the FTC, Intel engaged in threats and other
unlawful tactics to coerce computer manufacturers ... more
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| Pakistan Supreme Court strikes down presidential amnesty order | December 16, 2009 |
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[JURIST] The Supreme Court of Pakistan [official website] on Wednesday struck down [order, PDF] the National Reconciliation Ordinance (NRO) [text], which granted President
Asif Ali Zardari [official website] and 8,000 other government officials immunity from corruption charges. A special 17-member panel of court ruled unanimously that the NRO
is unconstitutional [Dawn report], paving the way for ... more
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| Switzerland to accept Uzbek Guantanamo detainee | December 16, 2009 |
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[JURIST] The Swiss government announced Wednesday that it has agreed to accept [press release] one Uzbek Guantanamo Bay [JURIST news archive] detainee for resettlement "on
humanitarian grounds." The unidentified detainee has been held at Guantanamo since 2005 but has never faced charges. The detainee has been cleared for release since 2005,
but could not be returned to Uzbekistan for fear of ... more
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| UK Supreme Court finds Jewish school admission policy discriminatory | December 16, 2009 |
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[JURIST] The British Supreme Court [official website] ruled [judgment, PDF; press summary, PDF] Wednesday that a Jewish school discriminated against a boy by denying him
admission because he was not "ethnically Jewish." The London secondary school, JFS [school website], denied admission to the boy, known as M, because his mother is Jewish by
conversion, not by birth. The case turned on whether ... more
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| Cambodia war crimes court issues first genocide charges | December 16, 2009 |
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[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Wednesday issued its first genocide charges against two former Khmer Rouge [BBC
backgrounder; JURIST news archive] leaders. Former deputy leader and chief ideologist Nuon Chea and foreign minister Ieng Sary [Trial Watch profiles] were charged with
genocide in connection with crimes allegedly committed ... more
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| Federal judge dismisses fraud charges against former Broadcom executives | December 16, 2009 |
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[JURIST] A federal judge on Tuesday dismissed [transcript, PDF] charges of fraud and conspiracy against two former executives of microchip maker Broadcom Corp. [corporate
website] citing prosecutorial misconduct. Judge Cormac Carney of the US District Court for the Central District of California [official website] dismissed [LAT report]
charges against Broadcom's former CEO and co-founder Henry ... more
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| Switzerland minaret ban challenged in Europe rights court | December 16, 2009 |
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[JURIST] The lawyer for a Swiss Muslim said Wednesday that his client has filed a complaint at the European Court of Human Rights (ECHR) [official website] challenging
Switzerland's recent vote to ban the construction of minarets [JURIST report]. Hafid Ouardiri, a former spokesman at the Geneva Mosque, alleges [Reuters report] that the ban
violates his rights to freedom of religion and freedom ... more
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| EU settles Microsoft antitrust dispute over web browsers | December 16, 2009 |
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[JURIST] The European Commission (EC) on Wednesday agreed to drop antitrust charges [press release] against Microsoft [corporate website; JURIST news archive] after the
company agreed to offer consumers a choice of web browsers [JURIST report]. The EC had accused Microsoft of violating fair competition rules by bundling the Internet
Explorer browser with its Windows operating system. Under the ... more
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