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
Case Name Case Filed Last Update
Odyssey Marine Exploration, Inc. v. The Unidentified, Shipwrecked Vessel or Vessels September 13, 2006 November 6, 2009
Admiralty in rem action over a shipwrecked vessel believed to be a merchant ship lying 100 meters deep, beyond the territorial waters or contiguous zone of any sovereign nation, and approximately 40 miles from Lands End near the English Channel.
Function Media, L.L.C. v. Google, Inc. et al July 3, 2007 November 6, 2009
Plaintiff alleges that Google's AdSense and AdWords technologies, Google Print Ads, and Yahoo's Publisher and Content Match technologies infringe on its patents.
Perfect 10 Inc v. Google Inc et al November 19, 2004 November 6, 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.
Performance Pricing, Inc. v. Google Inc. et al September 27, 2007 November 6, 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."
PA Advisors, LLC v. Google Inc. et al November 2, 2007 November 6, 2009
Plaintiff PA Advisors, LLC allege that Defendants infringed no U.S. Patent No. 6,199,067 entitled "System and Method for Generating Personalized User Profiles and for Utilizing the Generated User Profiles to Perform Adaptive Internet Searches."
IN RE: GUANTANAMO BAY DETAINEE LITIGATION July 2, 2008 November 6, 2009
Coordinates and manages all cases involving Guantanamo Bay detainees that have been filed or may be filed in the future.
Jewel et al v. National Security Agency et al September 18, 2008 November 6, 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.
FPX, LLC v. Google, Inc. et al May 11, 2009 November 6, 2009
Redbox Automated Retail LLC v. Twentieth Century Fox Home Entertainment LLC August 11, 2009 November 6, 2009
Xpoint Technologies Inc. v. Microsoft Corporation et al August 21, 2009 November 6, 2009
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Case Name Case Filed Last Update
PARTS GEEK, LLC v. U.S. AUTO PARTS NETWORK, INC. et al November 2, 2009 November 2, 2009
Marasciullo v. Cash Money Records et al October 30, 2009 October 30, 2009
McGinn et al v. Match.com LLP et al October 30, 2009 June 9, 2009
Bara v. Google, Inc. October 29, 2009 October 29, 2009
Franklin v. Apple, Inc. et al October 28, 2009 October 28, 2009
Jones v. Minkin et al October 27, 2009 October 27, 2009
Red Bend Software, Inc. et al v. Google October 26, 2009 October 26, 2009
St Clair Intellectual Property Consultants Inc. v. Apple Inc. October 26, 2009 October 26, 2009
JURIN et al v. GOOGLE, INC. et al October 22, 2009 October 22, 2009
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Case Name Case Filed Last Update
Perfect 10 Inc v. Google Inc et al November 19, 2004 November 6, 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 November 5, 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.
The Author's Guild et al v. Google Inc. September 20, 2005 November 4, 2009
Plaintiffs The Author's Guide. Herbert Mitgang, Betty Miles and Daniel Hoffman sued Google Inc. for reproducing a digital copy of plaintiffs' works without the copyright holders' permission and in violation of the authors' rights under the copyright laws.
Fairey et al v. The Associated Press February 9, 2009 November 4, 2009
Claim that iconic Obama poster infringes on AP photo copyright
Benjamin v. Google Inc. October 5, 2009 November 4, 2009
Cambridge University Press et al v. Patton et al April 15, 2008 November 2, 2009
Publisher lawsuit against public university that makes electronic copies of course readings available to students without paying royalty fees.
CoStar Realty Information, Inc. et al v. Mark Field, et al March 13, 2008 November 2, 2009
Show More Featured Copyright Cases »
Case Name Case Filed Last Update
American Airlines, Inc. v. Yahoo! Inc. et al October 17, 2008 November 3, 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.
Luxo AS v. The Walt Disney Company et al September 3, 2009 November 3, 2009
The Luxo Lamp company has sued Disney (particularly it's child company Pixar) for trademark infringement because they are selling a version of the iconic lamp under the name "Luxo, Jr."
Flowbee International, Inc. et al v. Google, Inc. August 13, 2009 October 22, 2009
JURIN et al v. GOOGLE, INC. et al October 22, 2009 October 22, 2009
Rosetta Stone LTD v. Google Inc. July 10, 2009 October 20, 2009
Mikhlyn et al v. Bove et al August 18, 2008 October 19, 2009
Show More Featured Trademark Cases »
Case Name Case Filed Last Update
Function Media, L.L.C. v. Google, Inc. et al July 3, 2007 November 6, 2009
Plaintiff alleges that Google's AdSense and AdWords technologies, Google Print Ads, and Yahoo's Publisher and Content Match technologies infringe on its patents.
Perfect 10 Inc v. Google Inc et al November 19, 2004 November 6, 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.
Performance Pricing, Inc. v. Google Inc. et al September 27, 2007 November 6, 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."
PA Advisors, LLC v. Google Inc. et al November 2, 2007 November 6, 2009
Plaintiff PA Advisors, LLC allege that Defendants infringed no U.S. Patent No. 6,199,067 entitled "System and Method for Generating Personalized User Profiles and for Utilizing the Generated User Profiles to Perform Adaptive Internet Searches."
Xpoint Technologies Inc. v. Microsoft Corporation et al August 21, 2009 November 6, 2009
Polaris IP, LLC v. Google Inc. et al August 27, 2007 November 5, 2009
Polaris IP, LLC sued Google Inc., Yahoo! Inc., Amazon.com Inc., A9.com, Inc., Borders, Inc., Borders Group Inc., AOL LLC, America Online, Inc., IAC/InteractiveCorp., and IAC Search and Media, Inc. for patent infringement involving U.S. Patent No. 6,411,947 entitled "Automatic Message Interpretation and Routing System." Plaintiff alleges that defendants are infringing on the patent by implementing various websites that comprise interpreting electronic messages with rule base and case base knowledge engines.
Actus, LLC v. Bank of America Corp. et al April 9, 2009 November 5, 2009
Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al June 16, 2009 November 5, 2009
Show More Featured Google Cases »

ABA Journal Daily News

PepsiCo Off Hook for $1.26B as Court Reverses Default Judgment November 6, 2009
A default judgment that required PepsiCo to pay $1.26B to two men who claimed the soft-drink giant stole their idea for bottled water was overturned today by a Wisconsin court. PepsiCo, which received material about the lawsuit at an office in the state in which it is incorporated, rather than its New York headquarters, didn't respond to the filing until after the default judgment was issued. Today's ruling allows the company to defend the litigation, which will now proceed toward a new trial ... more
Troubled Pa. Court Asks Lawyers to Volunteer to Reduce Trial Backlog November 6, 2009
Faced with a shortage of two judges, in the wake of misconduct charges, and a backlog of 1,382 cases that are supposed to be tried by January, a Pennsylvania court is calling for seasoned practitioners to volunteer as special trial masters. With the parties' permission, they can oversee jury trials, reports the Times-Leader, as Luzerne County President Judge Chester Muroski presses the state legislature to fill two vacant seats. As detailed in earlier ABAJournal.com posts, ex-judge Mark ... more
Exploding Text-Harrassment Cases Create Pitfalls for Defense Attorneys November 6, 2009
As supervisors increasingly make objectionable comments to employees via text messages, resulting harassment cases over after-hours comments no longer are based simply on "he said, she said" evidence. But this seeming bonanza of proof for plaintiffs lawyers is surrounded by potential pitfalls for defense attorneys, according to a Texas Lawyer article reprinted in Corporate Counsel. It may be a violation of an employee's privacy or statutory rights for in-house counsel to access text messages ... more
Legal Secretary?s Paper-Punchings are Confetti for Yankees Victory Parade November 6, 2009
For 9 years, colleagues of legal secretary Joanie Kissell thought she was optimistic, to say the least, as she saved hole-punchings in a large container labeled New York Yankees. But now her foresight has been vindicated: The Yankees have won the World Series and Kissell's law firm, Kenyon & Kenyon, is directly on the route for today's victory parade, reports the New York Daily News. Kissell plans to use the hole-punchings as confetti to celebrate her home team's win. She's not the only ... more
BigLaw Firms Still Struggle for Balance November 6, 2009
Although the legal economy has been looking up in recent weeks, revenue at Allen & Overy dropped by seven percent during the six-month period that ended Oct. 31, the London-based "magic circle" law firm has announced. It is not planning any further layoffs to follow A&O's earlier elimination of 450 positions, including 47 partners. But a salary freeze for all staff will remain in place until May, reports the London Times. Meanwhile, megafirm Clifford Chance plans to cut another eight ... more
Rothstein Firm Is Running on Fumes, Newspaper Says November 6, 2009
Despite an effort by partner and president Stuart Rosenfeldt to create a new law firm out of the apparent ashes of Rothstein Rosenfeldt Adler, the well-known Fort Lauderdale, Fla., law firm is running on fumes. After stunning revelations of alleged misconduct by a top partner, the departure of some other lawyers, a federal raid and a firm-requested receivership within the last week, the firm now has $300,000 in available funds, reports the Sun-Sentinel. And $200,000 of that amount is from a ... more
Legal Sector Lost 5,800 Jobs Last Month, Labor Bureau Says November 6, 2009
As the nation's unemployment rate topped 10 percent last month, lawyers were not spared. The legal sector lost 5,800 jobs, according to seasonally adjusted statistics in a just-released report (PDF) from the U.S. Bureau of Labor Statistics. When not seasonally adjusted, the figures show a gain of 1,500 jobs, but that is probably attributable to the elimination of summer associates from law firm payrolls, reports the Am Law Daily. After slowing down for a few months over the summer, it appears ... more
Two Law Firms Housed in Orlando Building Where Shooter Left One Dead November 6, 2009
At least two law firms are housed in an Orlando, Fla., office building that was the site of a shooting today that left at least one person dead and five others injured. Police say the suspect, Jason Rodriguez, is a former engineer who worked for a transportation consulting firm in the high-rise building known as Legions Place, according to the Orlando Sentinel and USA Today. He surrendered at his mother's home. Earlier reports said two people were killed and six were wounded in the shootings. A ... more
?Star Associate? Alleges Breakdown Over Work Conditions, Sues Sedgwick & Partner November 6, 2009
A former associate in the New York office of Sedgwick Detert Moran & Arnold has filed a disability discrimination suit against the firm and an a partner he alleges was abusive, contending that he was driven to a breakdown with overwork and mistreatment and then abruptly fired when he had recovered and was ready to return to work. Above the Law provides a link to the complaint (PDF) filed by Alan Levy filed in New York Supreme Court late last month. It contends that Levy had for years been ... more
Did Top Texas Judge?s Testimony Open Door to Wrongful Death Suit? November 6, 2009
Contending that a top Texas appellate judge misled a federal appeals court that dismissed a wrongful death claim by the wife and daughter of a executed inmate, a civil rights group has asked a federal judge to reopen the case . It concerns a controversial refusal by Texas Court of Appeals Judge Sharon Keller to keep the court open long enough on Sept. 25, 2007 for lawyers to make a last-minute appeal on behalf of Michael Richard, based on a then-recent U.S. Supreme Court ruling. He was executed ... more
National Pro Bono Week Marked by Nearly 600 Events November 6, 2009
Nearly 600 events marked the first-ever National Pro Bono Celebration week sponsored by the ABA. Mark Schickman, chair of the celebration week that began on Oct. 25, said in a press release that he was pleased with the response. ?Throughout the country, law firms hosted events to recruit more lawyers to take on pro bono projects, state and local bar associations offered legal clinics, and law schools presented discussions on such topics as domestic violence and bankruptcy,? he said. The week ... more
Why Abandoning Lockstep Can Lead to Disgruntled Associates November 6, 2009
Abandoning lockstep promotions and salary hikes for associates can hurt morale if the system is perceived as unfair, according to a consultant who is an organizational psychologist. Writing for the New York Law Journal, Larry Richard of the legal consulting firm Hildebrandt warns about the dangers of moving to a competency-based rewards system that bases promotions and pay hikes on mastering defined competencies. Richard cites research that shows a perceived lack of equity is the No. 1 reason ... more
Mass. Appeals Court Lawyer Reportedly Offered to Write Term Paper for $300 November 6, 2009
An undercover journalist researching the ?shadowy underworld? of ghostwritten term papers says a senior staff attorney with the Massachusetts Appeals Court offered to write a term paper on physician-assisted suicide for $300. The lawyer, Damian Bonazzolli, was one of 62 people who offered a price quote to the undercover journalist, who sent queries about a 20-page term paper to businesses and individuals advertising on Craiglist. The journalist, Colman Herman, got quotes ranging from $90 to ... more
Delaware PD Notes Puzzling Trend: Fewer Cases November 6, 2009
Delaware public defender Brendan O'Neill noted a puzzling trend during a budget hearing on Thursday: a lower caseload. O?Neill noted "a very slight downward trend" in the number of indigent defendants requesting public defenders, the News Journal reports. "At this point, it looks like we're not in a growth industry, and that's a good thing," he said. The trend goes against the conventional wisdom that crime goes up during an economic downturn, translating into more requests for public defenders ... more
Southern New England Law Dean Prepares for Battle over Merger Plan November 6, 2009
Southern New England law school dean Robert Ward is preparing for battle over his school?s plan to merge with the University of Massachusetts at Dartmouth and become the state?s first public law school. Ward defended his school during a tour of the campus with a Boston Globe reporter. Ward says the idea is to gain ABA accreditation for his school while keeping tuition low. Tuition and fees at the school would be increased only slightly to $23,500, about half the cost of the Suffolk University ... more
Woman Lawyer Who Hid Gender in 1930s Law Job Applications Dies at 99 November 6, 2009
A woman lawyer who used initials in 1930s job applications to hide her gender has died at the age of 99. Anne Sullivan, formerly Anne Chawk, was licensed in 1934 and signed her job applications "A.M. Chawk" so they wouldn?t be tossed out, the Chicago Tribune reports. She volunteered in probate court for a year before landing a law firm job where she met her husband, John Sullivan. In 1948, the couple formed their own firm. They had eight children. A Chicago Tribune story from the 1960s said Anne ... more
Nadel Receiver Leaves Fowler White Boggs Along With at Least 9 Others November 6, 2009
The court-appointed receiver trying to recover money for investors with alleged Ponzi schemer Arthur Nadel is forming a new law firm. The receiver, Burton Wiand, is a partner at Fowler White Boggs in Tampa. He is leaving the law firm with at least nine other lawyers to form Wiand Guerra King, the Tampa Tribune reports. Last year Fowler White Boggs lost about 60 lawyers who joined partner Bob Banker when he left to form his own law firm, according to the story. Fowler White CEO Rhea Law told the ... more
Troutman Sanders: Confident Its Accused Real Estate Chief Will Return to Work November 6, 2009
The Troutman Sanders law firm has released a statement expressing confidence that a kickbacks case involving the chair of its real estate practice will be successfully resolved. Troutman Sanders partner Leonard Grunstein is accused of helping a client who bought a nursing home company obtain $50 million in kickbacks from a pharmaceutical vendor supplying patients with medications. Grunstein was a lawyer at the now-defunct law firm Jenkens & Gilchrist at the time of the alleged wrongdoing ... more
Revised N.J. Ethics Rule Allows Lawyers to Tout Super Lawyers Designation November 6, 2009
The New Jersey Supreme Court has changed the ethics rules to allow lawyers to tout their designation as among the "Super Lawyers" and "Best Lawyers in America." The rule change, enacted Wednesday, carries some restrictions, the New Jersey Law Journal reports. Any ad that mentions such a designation must include the name of the ratings service. And it should include a disclaimer reading: "No aspect of this advertisement has been approved by the Supreme Court." A comment to the ethics rule has ... more
Former Sullivan & Cromwell Lawyer is Among Galleon Defendants November 5, 2009
A trader who formerly worked as a mergers and acquisitions lawyer at Sullivan & Cromwell was among the 14 defendants charged today in the Galleon Group hedge fund insider-trading case. Michael Kimmelman, 38, has since founded Incremental Capital, with another defendant in the case. However, he previously worked as an associate at the well-known New York-based law firm, according to Reuters. He graduated from the University of Southern California Gould School of Law. Kimmelman spent less than ... more
Bizarre Beatles Song-Selling Defense: Techies Created?and Can Copyright?New Tunes November 5, 2009
The music of the Beatles isn't legally available on the Internet. However, a little-known company is not only offering the back catalog of the famous 1960s rock 'n' roll group online but is trying to copyright it, based on what Ars Technica's Law & Disorder blog characterizes as a "entertainingly weird" legal theory. The theory is explained in the federal copyright action that almost immediately resulted. It was filed Tuesday in the Middle District of California with other music company ... more
2 Lawyers Charged in Claimed $1.1M Client Embezzlement Scheme November 5, 2009
Two Oklahoma lawyers, one of whom is no longer licensed, have been accused of racketeering and conspiracy in an alleged $1.1 million client embezzlement scheme carried out over a five-year period. William Schraeder, 59, a Tulsa attorney and Fred Anton, 59, who surrendered his law license in 2007 but allegedly continued to practice, are also charged with forging checks and worker's compensation fraud, according to a press release from the Oklahoma attorney general's office. NewsOn6.com provides a ... more
Police Pose as Clients, Charge Disbarred Lawyer in Office Sting November 5, 2009
After what reportedly could be as much as a decade or more of alleged unauthorized practice in Nevada on the part of disbarred attorney Charles Radosevich, authorities have apparently mounted a full-scale campaign against him. Two Las Vegas police detectives went to the Radosevich's office posing as potential clients on Tuesday and issued two misdemeanor citations to the 62-year-old for practicing law without a license, reports the Las Vegas Sun. He allegedly accepted $200 from the detectives in ... more
Iconic N.Y. Lawyer Settles Pension Probe; ?Worked? Over 1,200 Days in a Year November 5, 2009
A Long Island, N.Y., private practitioner whose claims in government legal bills to have worked more than 1,200 days in a single year led to a massive probe of state pensions being paid to attorneys has agreed to give up his own benefits. Lawrence Reich, 69, will no longer receive the $62,000 annual pension or lifetime health coverage he was awarded as a result of being simultaneously reported as a full-time employee of five school districts, reports Newsday (sub. req.). Reich also will pay over ... more
Sex Tape Said to End Ex-Beauty Queen?s Pageant Suit with Small Settlement November 5, 2009
Ex-beauty queen Carrie Prejean reportedly doesn't have to repay Miss California USA pageant organizers for the $5,200 they allegedly paid for her breast implants or give them any of the proceeds of a forthcoming tell-all book. But she's also getting a lot less than the $1 million she sought in her defamation, invasion of privacy and religious discrimination suit against the pageant, after defense counsel got hold of what is being described as a solo sex tape, according to CNN. The TMZ celebrity ... more

Law.com

Expanding Insider Trading Probe Nets Lawyers November 7, 2009
Two lawyers were among several people arrested Thursday in a rapidly expanding hedge fund insider trading scandal. Arthur J. Cutillo allegedly gave information about mergers and acquisitions he gleaned as an associate at Ropes & Gray to Jason Goldfarb, an associate with the personal injury firm Brecher Fishman Pasternack Walsh Tilker & Ziegler. Prosecutors said that Goldfarb then passed the tips to the head of a ring who based trades on the information ... more
Testing the Scope of BofA's Privilege Waiver November 7, 2009
A group of plaintiffs lawyers is testing whether Bank of America's waiver of attorney-client privilege in the Merrill Lynch flap might apply to shareholder suits against BofA related to its merger with Merrill. The bank intended the waiver to apply only to the SEC case and to investigations by New York's attorney general and a congressional committee. But the waiver may not have been crafted correctly, leaving an opening for plaintiffs firms to go after privileged documents in their own cases ... more
D.C. Court of Appeals Resurrects Cell Phone Radiation Cases November 7, 2009
The D.C. Court of Appeals last week revived a series of lawsuits by individuals who say they were harmed by cell phone radiation, adding yet another wrinkle to a debate within U.S. courts over whether national regulations trump state laws when it comes to issues surrounding cell phone safety. The decision gave both sides of the case fodder to declare victory -- but some lawyers said the ruling could lead to the filing of even more suits against cell phone companies in Washington's trial court ... more
Automating BlackBerry Support Across IT November 7, 2009
Faced with the prospect of recurring smartphone service issues, Cadwalader's IT department searched for technology to manage, monitor and support its global BlackBerry environment. After a competitive review, the firm selected BoxTone's modular software platform ... more
DOJ Pushes 'Comprehensive Approach' to Discovery Reform November 7, 2009
At an ABA panel discussion Thursday, U.S. District Judge Paul Friedman underlined his and others' support for strengthening a federal rule that spells out the government's obligation to turn over favorable evidence to defense lawyers. To address the judiciary's concern, the Justice Department is implementing a mandatory annual training program for prosecutors and creating a position overseeing discovery reform, but it has said it's not willing to accept an overhaul to the criminal rules ... more
9th Circuit Vindicates Judge for His Ruling in Bizarre Murder-for-Hire Case November 7, 2009
Conservatives on the 9th U.S. Circuit Court of Appeals rode to the rescue of one of their own on Thursday, finding that Judge Richard Tallman didn't botch a bizarre murder-for-hire case in Idaho. The en banc decision from Judge Carlos Bea reverses an earlier opinion that blasted Tallman for refusing to grant defendant David Hinkson a new trial. The author of that panel opinion, Judge William Fletcher, now writes in dissent ... more
Legal Sector Loses 5,800 Jobs in October November 7, 2009
According to a monthly jobs report released Friday by the U.S. Bureau of Labor Statistics, the nation lost 190,000 jobs in October as the unemployment rate jumped to 10.2 percent, its highest point since 1983. The legal sector wasn't spared. When data is seasonally adjusted, the legal field shed another 5,800 jobs in October. When not seasonally adjusted, the legal industry actually gained 1,500 jobs, but that's likely a result of summer associates being weaned from law firm payrolls ... more
Panel Reinstates Failed Hedge Fund's Claim Against J.P. Morgan Chase November 7, 2009
A lawsuit by Amaranth, the largest hedge fund ever to fail, against J.P. Morgan Chase & Co., will go forward, following the N.Y. Appellate Division's reinstatement yesterday of the fund's claim for tortious interference. Amaranth, which collapsed in 2006, alleged that J.P. Morgan, the fund's prime broker, breached its contract by refusing to release money from its margin account, which prevented Amaranth from making large trades that would have reduced the fund's exposure ... more
Boston Scientific to Pay $296 Million in Settlement November 7, 2009
Medical device maker Boston Scientific Corp. said Friday it will pay $296 million to settle a DOJ investigation into the company's Guidant unit. The investigation involved product advisories issued by Guidant in 2005, a year before Boston Scientific paid $27 billion for the heart device maker. Throughout 2007, Boston Scientific agreed to various settlements over heart patients' legal claims that Guidant knowingly sold defibrillators with potentially life-threatening defects ... more
Fla. Firm's Attorneys Rally Their Defenses as Partner Faces Fraud Allegations November 7, 2009
The downfall of one-time power broker Scott Rothstein amid an alleged fraud that investors say cost them at least $400 million is generating new business for lawyers all over South Florida -- and some of that business is coming from attorneys with the Rothstein Rosenfeldt Adler law firm. Said well-known criminal defense attorney Fred Haddad, who has been retained by name partner Russell Adler, "Innocent people need a lawyer more than guilty people in something like this." ... more
Law School Professor Withdraws Suit Against Legal Blog November 7, 2009
A law school professor has withdrawn a suit accusing legal blog Above the Law of publishing a "viciously racist series of rants" after reporting his arrest for suspicion of soliciting prostitution. David Lat, the blog's managing editor, declined comment Thursday, but on Wednesday he wrote that there had been no settlement and that the posts Donald Marvin Jones complained about will remain on the site. Lat offered to let Jones make his case on Above the Law, but there was no word from Jones on ... more
Note to Supreme Court Justices: Specter Saw You on TV November 7, 2009
Sen. Arlen Specter, D-Pa., has been a longtime advocate of televising sessions of the U.S. Supreme Court, a quest that has repeatedly fallen on deaf ears at the high court. But in a speech on the Senate floor Thursday, Specter noted that the justices haven't exactly been camera-shy of late, appearing in television interviews and a recent C-SPAN documentary. Specter is hoping to line up his colleagues behind a resolution he introduced Thursday that would get the "sense of the Senate" on cameras ... more
Expect Calif. Same-Sex Marriage Case to Stay Two-Party Affair November 7, 2009
Try as they might, lawyers from one anti-gay rights organization just can't get any love from judges in California. After being barred from intervening in the federal challenge to Proposition 8, the state's ban on same-sex marriage, the Campaign for California Families tried its luck Wednesday with the 9th U.S. Circuit Court of Appeals. But a conservative panel didn't appear any more likely to let the group into the case ... more
N.Y. Woman Arrested for Threatening Judge November 7, 2009
A woman has been arrested for repeatedly harassing and threatening the New York judge who has been presiding over her divorce proceeding. According to court records, Supreme Court Justice Jeffrey Sunshine initiated the action against Cheryl Uzamere after she left 10 voice messages and sent three faxes to his chambers, containing such threats as "You're going to pay for what you've done" and that "the battle was to the death." ... more
Day Pitney Makes New Round of Cuts November 7, 2009
Day Pitney has laid off 29 staff members across eight of the firm's nine offices stretching from Boston to Washington, D.C. In February, Day Pitney let go of 66 staff members firmwide, and in May, the firm dropped 20 lawyers ... more
The Issues in Moving From Law Firm Lockstep to 'Levels' Compensation November 7, 2009
Law firms are changing the way they hire, evaluate, develop, promote and pay their associates, says consultant Larry Richard. Case in point: the accelerating interest among law firms in moving from the traditional lockstep to a more performance-based "levels" system of compensation. Richard notes that for a levels system to work, a firm needs both well-functioning infrastructure systems and a widely held perception that the systems are fair and accurate. He discusses the major organizational ... more
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 November 7, 2009
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
Drugs in Schools Take Centerstage in Arguments Over Strip-Search November 7, 2009
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
Government Jobs Elusive for Laid-Off Lawyers November 7, 2009
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
D.C. Appeals Judge Ruiz Pushed for Circuit Slot November 7, 2009
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
Final Arguments of Term Filled With Big Cases November 7, 2009
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
Inadmissible: Inadmissible: Culvahouse Speaks on Palin Vetting, plus more... November 7, 2009
Points of View: Free Speech Does a Body Good November 7, 2009
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
Points of View: Still Trapped On Torture November 7, 2009
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
Points of View: Shiver Me Lawyers November 7, 2009
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
Special Report: Stay Alert on Road to Lower Patent Costs November 7, 2009
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
Special Report: See the First Flights of the Bilski Test November 7, 2009
The Patent Office's appeals board is weighing in with its early views on the Federal Circuit's new machine-or-transformation test ... more
Copyright 2009. Incisive Media US Properties, LLC. All rights reserved.

Jurist Legal News & Research

ICC assigns judges to Kenya post-election violence situation November 6, 2009
[JURIST] The International Criminal Court (ICC) [official website] announced Friday that it has assigned [decision, PDF; press release] three judges to the situation involving the violence perpetrated in the wake of Kenya's 2007 presidential elections [JURIST news archive]. The decision came in response to a Thursday letter [text, PDF] from chief prosecutor Luis Moreno-Ocampo [official profile] ... more
Rights group urges US government to reform Afghanistan detainee policy November 6, 2009
[JURIST] The US should reform its detention policy [press release] at Bagram Air Base [JURIST news archive] in Afghanistan in order to combat counterinsurgency, according to a report [text, PDF] released Thursday by Human Rights First (HRF) [advocacy website]. HRF called on the governments of the US and Afghanistan to reach an agreement that "set[s] forth grounds and procedures for detention in ... more
Russia suspect confesses to killing human rights lawyer November 6, 2009
[JURIST] A lawyer for the man accused of the double murder [JURIST report] of human rights lawyer Stanislav Markelov and journalist Anastasia Baburova said Friday that his client has confessed to the crime. Nikita Tikhonov and female companion Yevgenia Khasis were arrested Thursday and brought before the Basmanny District Court. In an interview [materials, in Russian] on the radio program Echo ... more
UN General Assembly adopts resolution requiring independent Gaza investigations November 6, 2009
[JURIST] The UN General Assembly [official website] on Thursday adopted a resolution giving Israel and Palestine three months to conduct independent investigations into possible war crimes committed during last winter's Gaza conflict [JURIST news archive]. The General Assembly voted 114-18 with 44 abstentions [press release] expressing support for the Goldstone Report [text, PDF], the result of a ... more
Senate defeats proposal to prevent 9/11 suspects from being tried in federal court November 6, 2009
[JURIST] The US Senate [official website] voted 54-45 [roll call vote] Thursday to defeat an amendment [S AMDT 2669 materials] to an appropriations bill [HR 2847 materials] that would have prevented Guantanamo Bay detainees accused of involvement in 9/11 [JURIST news archives] from being tried in federal courts. The amendment was proposed by Senator Lindsey Graham (R-SC) [official website] in ... more
EU agrees on rules to reform telecommunications markets November 6, 2009
[JURIST] The European Parliament and the Council of Ministers [official websites] on Thursday unanimously reached an agreement [press release] on rules to increase competition between telecommunications providers and protect the consumer rights of Internet and mobile phone users. The agreement on the European Union (EU) Telecoms Reform package was reached after intense negotiations by the ... more
Iraq official urges election delay after parliament fails to update law November 6, 2009
[JURIST] An official from the Iraqi Independent High Electoral Commission on Friday called for a delay of the January 16 parliamentary elections, after the Iraqi Parliament [official websites, in Arabic] remained at an impasse over updating a controversial provincial election law [JURIST report]. Electoral commission chief Faraj al-Haidari told state media that it would be impossible to organize ... more
ICC sets trial of Congo rebel leader Bemba for April 27 November 6, 2009
[JURIST] The International Criminal Court (ICC) [official website] on Thursday set the trial date [order, PDF; press release] for former Democratic Republic of Congo (DRC) vice-president Jean-Pierre Bemba Gombo [ICC materials; JURIST news archive] for April 27. The trial date was set to give the defense six months of preparation from the date the Office of the Prosecutor fulfills its disclosure ... more
Former Rwanda official sentenced to 8 years for complicity in genocide November 5, 2009
[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website] on Thursday sentenced [press release] former director of the Rwanda tea industry Michel Bagaragaza [case materials; Trial Watch profile] to eight years in prison on charges of complicity in genocide [indictment, PDF]. As director general of OCIR-Tea [official website], Bagaragaza was accused of training, funding ... more
House finance committee approves investor protections bill November 5, 2009
[JURIST] The US House of Representatives Financial Services Committee [official website] on Wednesday voted 41-28 [press release; record vote, PDF] for passage of the Investor Protection Act [HR 3817 materials]. Among the regulations included in the bill are an enhancement of powers for the Securities and Exchange Commission (SEC) [official website], additional protections for whistleblowers, and ... more
ICTY to appoint counsel for Karadzic November 5, 2009
[JURIST] The International Criminal Tribunal for the Former Yugoslavia (ICTY) [official website] announced [press release] Thursday that former Bosnian Serb leader Radovan Karadzic [case materials; JURIST news archive] will be appointed counsel [decision, PDF] to represent him in the event that he does not appear in court. The ICTY announced the decision in response to Karadzic's boycott of war ... more
Top Sri Lanka military official departs US unquestioned on rights abuse allegations November 5, 2009
[JURIST] Sri Lanka's Chief of Defense Staff General Sarath Fonseka [official profile] returned home [press release] Thursday without being questioned by the US Department of Homeland Security (DHS) [official website] about alleged war crimes. Fonseka, a US permanent resident with a diplomatic passport and a Green Card, had traveled to the US to visit his daughters in Oklahoma. The Sri Lankan ... more
Indonesia law enforcement officials resign amid corruption scandal November 5, 2009
[JURIST] Two senior Indonesian law enforcement officials resigned Thursday after being linked to an alleged plot to weaken the Corruption Eradication Commisions (KPK) [official website, in Indonesian], an anti-corruption agency. Deputy Attorney General Abdul Hakim Ritonga and Chief Detective Susno Duadjia were mentioned by name [Jakarta Globe report] in a tape recorded conversation about a plan ... more
ICC prosecutor seeking formal investigation into Kenya post-election violence November 5, 2009
[JURIST] International Criminal Court (ICC) [official website] chief prosecutor Luis Moreno-Ocampo [official profile] on Thursday announced that he will ask the ICC to open a formal inquiry into violence perpetrated in the wake of Kenya's 2007 presidential elections [JURIST news archive]. Following a meeting to discuss the ICC inquiry with Kenyan President Mwai Kibaki [official profile] and ... more
New York AG files antitrust suit against Intel November 5, 2009
[JURIST] The New York Attorney General [official website] on Wednesday filed an antitrust suit [complaint, PDF; press release] against Intel [corporate website], alleging that the microprocessor manufacturer engaged in illegal conduct to further its dominance in the marketplace. The complaint alleges that Intel obtained exclusive contracts from manufacturers in exchange for large payments ... more
Illinois court again delays enforcement of abortion parental notification law November 5, 2009
[JURIST] An Illinois Cook County Circuit Court [official website] judge on Wednesday granted a temporary restraining order on the Parental Notice of Abortion Act of 1995 [text] only hours after the Illinois Medical Disciplinary Board had ruled to begin enforcing the law. The order was sought by the the American Civil Liberties Union of Illinois (ACLU-IL) [advocacy website] in support of a suit ... more
Ohio Supreme Court schedules executions despite review of lethal injection process November 5, 2009
[JURIST] The Ohio Supreme Court [official website] set dates [announcement, PDF] Wednesday for two inmates to be executed by lethal injection [JURIST news archive], despite a temporary stay on executions in the state. Michael Bueke is scheduled to be executed on May 13 of next year, and Richard Nields is scheduled to be executed on June 10. Ohio's lethal injection process is currently under ... more
Sarajevo researchers unveil Bosnia war crimes atlas November 4, 2009
[JURIST] Researchers in Sarajevo on Tuesday unveiled [press release, in Croatian] a Google Earth tool mapping the sites of war crimes committed during the 1992-1995 Bosnian genocide [PPU backgrounder]. The Bosnian war crimes atlas [materials, in Croatian] was compiled by the Research and Documentation Center (RDC) [advocacy website, in Croatian], a Sarajevo-based research organization tasked with ... more
Supreme Court hears arguments in prosecutorial immunity, capital cases November 4, 2009
[JURIST] The US Supreme Court [official website; JURIST news archive] heard oral arguments [day call, PDF; merit briefs] Wednesday in two cases. In Pottawattamie County v. McGhee [oral arguments transcript, PDF; JURIST report], the Court heard arguments on whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conviction and incarceration where the prosecutor ... more
Italy judge convicts 23 former CIA agents in rendition trial November 4, 2009
[JURIST] Judge Oscar Magi of the Fourth Chamber of the Court of Milan [official website, in Italian] on Wednesday convicted 23 former CIA agents for the 2003 kidnapping and rendition [JURIST news archive] of Egyptian terror suspect Osama Moustafa Hassan Nasr. The nearly three-year trial, which was delayed [JURIST news archive] many times, is the first in the world involving the CIA's ... more
Ohio voters approve creation of controversial livestock care standards board November 4, 2009
[JURIST] Ohio voters on Tuesday approved [results] a ballot measure [text] to create the Ohio Livestock Care Standards Board, commonly referred to as Issue 2. The purpose of the board will be to maintain food safety, encourage locally grown and raised food, and protect Ohio farms and families. The measure will amend the Ohio Constitution and prevent groups from putting livestock care issues on ... more
Maine voters approve expansion of medical marijuana law November 4, 2009
[JURIST] Voters in Maine on Tuesday approved an expansion [proposed legislation, PDF] of the state's existing medical marijuana laws by a 59 to 41 percent margin [Bangor Daily News report], with 87 percent of precincts reporting. The proposed legislation, Question 5 on the Maine ballot, will allow for increased access to medical marijuana through dispensaries, and will increase the number of ... more
New York voters approve inmate non-profit work November 4, 2009
[JURIST] New York voters approved a ballot measure Tuesday amending the state constitution [text] to allow the state legislature to pass a law permitting prisoners to work with non-profit organizations on a voluntary basis. Prisoners previously participated in work programs with non-profit organizations, but a 2005 opinion issued by the Commission of Correction [official website] indicated that ... more
UN DR Congo mission urged to stop funding military groups committing rights abuses November 4, 2009
[JURIST] The UN Organization Mission in DR Congo (MONUC) [official website] has given funding and support to military groups that are committing human rights abuses [press release], according to Human Rights Watch (HRW) [advocacy website] Tuesday. HRW detailed the alleged attacks, rapes, and murders of civilians, calling them war crimes. HRW senior researcher Anneke Van Woudenberg said:Some ... more
Texas voters approve amendment limiting eminent domain November 4, 2009
[JURIST] An amendment to the Texas Constitution [text] limiting government enforcement of eminent domain was overwhelmingly approved [unofficial results] by voters on Tuesday with more than 80 percent of those polled voting favorably. Proposition 11 [text and materials] prohibits government officials from taking private property and allotting it to private buyers for the purpose of economic ... more