Friday, August 17, 2007

Are Surveillance Cameras Worth It? The Evidence Isn't Clear

Source: Crime and Justice News, August, 17, 2007.

  • "Opponents and supporters of public surveillance cameras generally agree that while they provide an intuitive sense of security, they are not prolific solvers of violent crime, says the San Francisco Chronicle They can make a difference, but it is limited and tough to measure. They cannot guarantee safety, even within their field of view. What is not clear is whether the city's surveillance effort is worth the cost, in money and privacy. Running separate programs since 2005, Mayor Gavin Newsom's office has spent about $500,000 on the cameras, and the Housing Authority has spent $200,000"
  • San Francisco Chronicle

Sexual Incidents in U.S. Prisons, Jails Up 21%

Source: Crime and Justice News, August 17, 2007.
  • "Federal, state, and local correctional authorities reported an estimated 6,528 allegations of sexual violence or harassment involving inmates last year, says a new report from the U.S. Bureau of Justice Statistics. The number is up 21 percent from the first such survey in 2004, but much of that may be due to more complete reporting. It was the equivalent of 2.9 allegations per 1,000 inmates in prisons, jails, and other adult correctional facilities during 2006. About 47 percent of the cases involved sexual violence between inmates; 34 percent were nonconsensual acts, such as rape and forcible sodomy; 13 percent were abusive sexual contacts, such as unwanted touching or grabbing with the intention to sexually exploit."
  • U.S. Bureau of Justice Statistics

Juror Calls Padilla Small Pawn in Terror Publising

Source: Crime and Justice News, August 17, 2007.

  • "Jose Padilla, a larger-than-life symbol for the Bush administration's war on terrorism, was found guilty along with two others yesterday on charges of plotting to support Islamic extremists overseas, reports the Miami Herald. It took jurors just 11 hours to reach unanimous verdicts, despite a complex body of evidence that included hundreds of FBI phone wiretaps introduced during the three-month federal trial. Padilla was charged with serving as an al Qaeda recruit; he and two other men from a South Florida- based terror cell, will be sentenced Dec. 5."
  • MIami Herald

New Orleans Crime Up; Criminal Justice Changes Sought

Source: Crime and Justice News, August 17, 2007.
  • "Violent crime in New Orleans is up 31 percent compared with the same period in 2005, before Hurricane Katrina, the New Orleans Times-Picayune reports. The biggest jumps occurred in rapes, 40 percent, assaults, 46 percent, and burglaries, 73 percent. Police Superintendent Warren Riley believes that the department regained its footing after a tumultuous two years of challenges including FEMA- trailer offices, depleted staff, low morale, and a fractured criminal justice system"
  • New Orleans Times-Picayune

ABA Law Libraries Committee Questionnaire Update

Source: E-mail from Carol Avery Nicholson, ABA Law Libraries Committee, August 17, 2007.

  • As you know the ABA has made changes to the annual questionnaire, based upon recommendations from the ABA Law Libraries Committee. In addition to providing an ongoing review of the questionnaire with resulting recommendations for changes, the committee specifically addressed the problem of how we can better report the electronic portions of our collections. The new questionnaire therefore allows us to report dollars we spend on both licensed and owned databases as well as separate figures for licensed databases and owned electronic titles.
  • The new questionnaire is the result of extensive discussions both within the committee and with various others who have thoughtfully given us their suggestions and comments. We also examined how other library organizations gather this type of information. For every “perfect solution” one of us was able to devise, two other people were able to identify reasons why that solution was not manageable for others or would not accurately reflect another library’s holdings. For now, we have a document that we hope is a significant move in the right direction, and at minimum, we will have better consistency in the information that we do collect about our electronic resources.
  • To provide you and your staff with help in answering the new questionnaire, we have prepared a list of frequently asked questions. This list is posted on the AALL Academic Law Libraries SIS home page at http://www.aallnet.org/sis/allsis/committees/statistics/index.asp. We will continue to update the FAQ list as needed. If you have questions, please send them to Rita Reusch, reuschr@law.utah.edu
  • Moving forward, the committee will continue to address the difficulty of having the annual questionnaire accurately reflect both our collections and our services to our schools.
  • Thank you.
  • Rita Reusch, Chair, 2006-2007
  • Paul George, Chair, 2007-2008ABA Law Libraries Committee

Queens NYC: The Most Bookish Borough

Source: NYTimes.com, August 17, 2007.

  • A Most Bookish Borough
  • "By FRANCIS X. CLINESQueens, America’s most ethnically diverse county, has just been awarded the top prize as the nation’s busiest library system."

The High Cost of Identity Theft

Source: InformationWeek Daily Newsletter, August 17, 2007.

  • The High Cost Of Identity Theft
  • "Besides a series of annoying TV commercials, the real-world impact of identity theft is much debated these days. Finally, there are some cold, hard numbers."

Journalists Sue HP For Invasion of Privacy

Source: InformationWeek Daily Newsletter, August 17, 2007

New Jersey Law Journal State Decisions August 16, 2007

If you are already an online subscriber to the New Jersey Case Alert service you should be able to click on any of the links provded below, sign in, and access any of the decisions listed which interest you.

  • August 16, 2007

  • OFP, L.L.C. v. State "Plaintiff's suit alleging that the act's application to its property was an unconstitutional taking was correctly dismissed for failing to exhaust administrative remedies since it did not apply for a hardship waiver; retroactive application of the act is valid."


  • Pryor v. Department of Corrections "ADTC regulations prohibiting inmates from having nonsexually oriented material that will impede their rehabilitation and regulating exceptions to statutorily privileged inmate-therapist communications are constitutional."


  • Wilson v. Paradise Village Beach Resort and Spa et al "Advertising by airlines and travel agencies of defendant's Mexican resort, and defendant's maintenance of Web sites, is insufficient to support New Jersey's exercise of general jurisdiction."


  • State v. Fisher "A driver involved in an accident must remain at or return to the scene of the accident and must make known his identity, and such requirements are not unconstitutional. "


  • Department of Environmental Protection v. Kafil et al "The DEP has the right to seek injunctive relief under N.J.S.A. 58:10-23.11u to remediate conditions alleged to have violated the Spill Act and the USTA without first using its regulatory powers."

  • August 16, 2007
    OFP, L.L.C. v. State "Plaintiff's suit alleging that the act's application to its property was an unconstitutional taking was correctly dismissed for failing to exhaust administrative remedies since it did not apply for a hardship waiver; retroactive application of the act is valid."


  • Pryor v. Department of Corrections "ADTC regulations prohibiting inmates from having nonsexually oriented material that will impede their rehabilitation and regulating exceptions to statutorily privileged inmate-therapist communications are constitutional. "


  • Wilson v. Paradise Village Beach Resort and Spa et al "Advertising by airlines and travel agencies of defendant's Mexican resort, and defendant's maintenance of Web sites, is insufficient to support New Jersey's exercise of general jurisdiction."


  • State v. Fisher "A driver involved in an accident must remain at or return to the scene of the accident and must make known his identity, and such requirements are not unconstitutional."


  • Department of Environmental Protection v. Kafil et al "The DEP has the right to seek injunctive relief under N.J.S.A. 58:10-23.11u to remediate conditions alleged to have violated the Spill Act and the USTA without first using its regulatory powers."

  • August 16, 2007
    OFP, L.L.C. v. State "Plaintiff's suit alleging that the act's application to its property was an unconstitutional taking was correctly dismissed for failing to exhaust administrative remedies since it did not apply for a hardship waiver; retroactive application of the act is valid. "


  • Pryor v. Department of Corrections "ADTC regulations prohibiting inmates from having nonsexually oriented material that will impede their rehabilitation and regulating exceptions to statutorily privileged inmate-therapist communications are constitutional. "


  • Wilson v. Paradise Village Beach Resort and Spa et al "Advertising by airlines and travel agencies of defendant's Mexican resort, and defendant's maintenance of Web sites, is insufficient to support New Jersey's exercise of general jurisdiction. "


  • State v. Fisher "A driver involved in an accident must remain at or return to the scene of the accident and must make known his identity, and such requirements are not unconstitutional."


  • Department of Environmental Protection v. Kafil et al "The DEP has the right to seek injunctive relief under N.J.S.A. 58:10-23.11u to remediate conditions alleged to have violated the Spill Act and the USTA without first using its regulatory powers. "

New York Law Journal Decisions of Interest August 17, 2007

If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.



  • http://www.nylj.com/
  • Subscription Required for Online Access:


  • APELLATE DIVISIONTHIRD DEPARTMENTCriminal PracticeMurder Conviction Reduced to Manslaughter; Despite Recklessness Depraved Indifference Not Shown People, respondent v. Raymond C. George, appellant

  • NEW YORK COUNTYCivil Practice
    New York Does Not Have Substantial Nexus to Viagra Action; Dismissal for Forum Non Conveniens Granted
    Jordan v. Pfizer Inc.


  • Subscription Required
    NEW YORK COUNTYCriminal Practice
    Dismissal of Child Endangerment Charges Denied; Statute Imposes Sanctions for Likelihood of Harm
    People v. Brenda Ambers


  • Subscription Required
    KINGS COUNTYCriminal Practice
    Officer's Pedigree Question Exception to 'Miranda'; Defendant Denied Suppression of Statements
    People v. Jakes Willis


  • Subscription Required
    KINGS COUNTYCivil Practice
    Guardian's Civil Contempt Motion Granted For Failure to Turn Over Subpoenaed Documents
    Matter of Chaimovitz


  • Subscription Required
    NASSAU COUNTYCivil Practice
    Letter to Clerk by Defendant Ruled Not Appearance Or Answer; Partial Judgment Entered on Liability
    Westbury Fence 7 Guide Rail Co. Inc. v. Adler


  • Subscription Required
    SUFFOLK COUNTYContracts
    Court Finds Investors' Breach of Contract, Fraud Claims State Causes of Action and Not Time Barred
    Drain v. Paragon Capital Management Corp.


  • Subscription Required
    U.S. COURT OF APPEALS, SECOND CIRCUITCivil Practice
    Unwritten In-Court Settlement Is Binding; No Express Request for Writing Shown
    Powell v. Omnicom


  • Subscription Required
    U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal Practice
    'Fast Track' Argument Is Sufficiently Preserved For Appellate Review; Habeas Relief Is Denied
    Urena v. United States


  • Subscription Required
    U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKContracts
    Court Rules Advisory Fees Are Owed for Completed Transactions Post Contract Termination
    Mercury Partners LLC v. Pacific Medical Buildings LP


  • Subscription Required
    U.S. DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKCriminal Practice
    Defendant's Flight Tolls Statute of Limitations; NYPD Knowledge Not Imputed to Federal Officials
    United States v. Pedro Francisco

    Subscription Required

  • U.S. DISTRICT COURTNORTHERN DISTRICT OF NEW YORKTaxation
    Government Wins Injunctive Relief to Stop Illegal Tax Shelter, Prevent Recurrence
    United States v. Robert L. Schulz et al.

    Subscription Required











New York Law Journal Lead Articles August 17, 2007

If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed

LAW.COM Newswire Highlights August 17, 2007

If newsfeeds are shown on the left side of your screen, the News articles listed below can be viewed in full text by first clicking on the Law.Com Newsfeed and then scrolling down to the appropriate article. If newsfeeds are not displayed on the screen try going to http://www.law.com/newswire/ and searching for the items of interest.


  • Qualcomm Cites Client Confidentiality in Discovery Mess
    The Recorder

  • In a case marred by discovery errors, Qualcomm's trial counsel are in a place no lawyers want to be. The Day Casebeer Madrid & Batchelder and Heller Ehrman lawyers face the prospect of individual sanctions and possible State Bar discipline for their mistakes in a San Diego patent case. But they have yet to explain to the judge how those discovery blunders came to pass. That's because Qualcomm has told the magistrate judge in the case that such an explanation would violate attorney-client privilege.

  • 2nd Circuit's ERISA Ruling Revives Benefits Claim by Firm 'Partner'
    New York Law Journal

  • A lawyer who rose from secretary to "partner" at a New York firm will get a second chance to show she is due benefits under the firm's profit-sharing and cash-balance pension plans. Attorney Karen Strom said she was denied the benefits when she left the firm because she was not considered a "profit-sharing partner" or "shareholder." The 2nd Circuit has revived her claim by reversing a partial summary judgment in favor of the firm. Strom's attorney said he will pursue damages that could exceed $1 million.

  • Reading the Roberts Court
    Legal Times

  • The first full term of the Roberts Supreme Court was a blockbuster, viewed by many as a historic turning point. Legal Times held a panel discussion, moderated by Supreme Court correspondent Tony Mauro, to analyze the arguments and opinions. Four leading high court advocates offered candid views on a variety of topics, including how it feels to have Justice Scalia all over you "like a cheap suit," why it's Justice Kennedy's world and we all just live in it -- and which cases to watch for next term.
  • Visit U.S. Supreme Court Monitor

  • Federal Indictment Looms Over Pa. Superior Court Judge's Retention Race
    The Legal Intelligencer

  • Judge Michael T. Joyce could be suspended until mail fraud and money laundering charges filed against him Wednesday are resolved, judicial experts say. According to the indictment, Joyce received $440,000 in settlements for injuries he claimed "affected his professional and personal life in a very significant way" after an SUV rear-ended his car. During the same period Joyce claimed to be suffering from pain and impaired mobility, he played several rounds of golf and went scuba diving, prosecutors said.

  • 7th Circuit Breaks With Six Circuits Over Waiver of Appeal
    The National Law Journal

  • The 7th Circuit has broken with six other circuits to chart its own course on when criminal lawyers may forgo appeals. Six circuits have held that a waiver of appeal in plea bargain cases does not relieve counsel of a duty to file a notice of appeal at the client's request. But 7th Circuit Chief Judge Frank Easterbrook confesses "[s]ome doubt about the constitutional reasoning of the circuits that have located in the Sixth Amendment a rule that a lawyer is the client's puppet."

  • 'Excruciatingly Slow' Testimony Results in Added Discovery
    New York Law Journal

  • A state appeals court in Manhattan has ruled that plaintiffs seeking to enforce a $116 million terrorism verdict are entitled to further deposition of the Palestinian Authority's New York lawyer, whose "excruciatingly slow" testimony apparently caused plaintiffs to run afoul of a previous discovery deadline. The majority in the 4-1 decision wrote that it accepted as fact that the lawyer spoke unusually slowly because the plaintiffs lawyer's assertion had gone "uncontradicted."

  • Multiple Lawsuits Allege Laxative Causes Kidney Failure
    The Associated Press

  • A popular over-the-counter laxative used to flush out patients' bowels before procedures such as colonoscopies has caused serious kidney damage and even death, a series of lawsuits filed across the country alleges. The lawsuits target Fleet Phospho-soda, made by C.B. Fleet Co. Inc. of Lynchburg, Va. More than 50 have already been filed in at least 20 states, Stephen Foley, one of the lawyers involved in the litigation, said Thursday. Nine of them were filed this week in federal court in Minnesota.
    N.J. Appeals Court Lets $70.8 Million Med-Mal Verdict Stand
    New Jersey Law Journal



Thursday, August 16, 2007

Law Enforcement Will Get Spy Satellite Data

Source: Crime and Justice News. August 16, 2007.



"The Bush administration will give law enforcement officials and others the ability to view data obtained from satellite and aircraft sensors that can see through cloud cover and even penetrate buildings and underground bunkers, reports the Washington Post. The Director of National Intelligence and the Department of Homeland Security will allow broader domestic use of secret overhead imagery beginning as early as this fall; the expectation is that state and local law enforcement officials will eventually be able to tap into technology once largely restricted to foreign surveillance"Washington Post

California May Criminalize Profiting From Photos Behind Bars

Source: Crime and Justice News, August 16, 2007,



"Amid concern over the entertainment blogs and tabloids competing for inside information on Paris Hilton's jailing and Mel Gibson's tirade during a drunk- driving arrest, California legislators may clamp down on some forms of checkbook journalism, says the Los Angeles Times. A pending bill would make it a crime for law enforcement or court employees to profit by releasing confidential information gathered in criminal investigations or unauthorized photographs of people in custody. Los Angeles County Sheriff Lee Baca, who requested the legislation, said it was needed to preserve the integrity of the justice system in an age when a photo of a jailed Paris Hilton could fetch up to $500,000."

San Jose Mercury News

With U.S. Help New Jersey Plots New Attack On Crime Guns

Source: Crime and Justice News, August 16, 2007.

"An agreement between federal and state officials will allow the New Jersey State Police to trace the origin of every gun recovered from a crime scene in the state, boosting efforts to combat illegal weapons trafficking, says the Newark Star-Ledger. The agreement with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives is the first of its kind in the nation, giving troopers direct access to gun-purchase records so they can look for patterns in the flow of weapons to New Jersey's streets."

Newark Star-Ledger

Are Drug War Disputes Again Causing Homicide Increases"

Source: Crime and Justice News, August 16, 2007.

"Cleveland has had 87 homicides this year, putting the city on pace for the third straight year to have more than 100 murders. Cleveland hasn't had this many murders since the mid-1990s - there were 135 in 1995, reports the Cleveland Plain Dealer. With 258 murders so far this year, Philadelphia may record its highest number of homicides in a decade, garnering the nickname 'Killadelphia' ."


"City officials and criminologists say there is no single reason for the increase. The illegal drug market, an abundance of guns, gang violence, a large ex-offender population, and an economic downturn could be fueling the uptick. Federal arrests have yanked dozens of drug dealers off the streets in recent months, causing a cocaine shortage and more violent crimes. Under this theory of Mayor Frank Jackson, the arrests have led to increased competition and violence among drug dealers, leading to short-term side effects: spikes in robberies with firearms and homicides. Peter Moskos, a criminologist at John Jay College of Criminal Justice, does not believe a cocaine shortage exists. If it did, it would lead to killings between the dealers, not the buyers, he said. James Alan Fox, a criminologist at Northeastern University in Boston, disagrees. Other dealers will capture the market when the competition is removed. If the demand does not decrease, the supply is not affected, he said. "


Cleveland Plain Dealer

State Agency Databases Across the Fifty States

"In every US State and the District of Columbia, agencies are creating databases of useful information - information on businesses, licensed professionals, plots of land, even dates of fish stocking. Some of this content is available on search engines, but much of it is part of the invisible web."

http://wikis.ala.org/godort/index.php/State_Agency_Databases

Library Vacancy Announcement: Law Librarian II

Law Librarian I/II (Stamford Area). The Connecticut Judicial Branch is seeking a qualified individual to perform professional to advanced library duties which include providing legal reference and research guidance, instruction in database searching, catalog and collection maintenance. Minimum Qualifications: A Master’s degree in Library Science or Information Science from a graduate school accredited by the American Library Association. Starting Salary: $53,809/$56,356 - plus benefits. In-state travel required. Resumes must be received by August 27, 2007. Reference ad I.D. #07-1000-150. AA/EOE. Please mail resume to: Judicial Branch, Human Resources, 90 Washington Street, Hartford, CT 06106 or fax to: (860) 706-5091. E-mail questions to: Human.Resources@jud.ct.gov.

New York City Receives $350 Million for Mass Transit Improvements and Traffic Reduction

Source: Government Technology Executive News, August 16, 2007.

New York Receives $350 Million For Mass Transit Improvements and Traffic Reduction "Aug 15 2007 10:08AMNew York City is committed to spending $112.7 million for technology acquisition, matching the USDOT's spending on bus rapid transit."

Your Innovation Toolkit

Source: CIO Insider, August 16, 2007.

Your Innovation Toolkit "When was the last time you or someone on your team had a great idea? What happened to it? Whether you were able to execute it successfully or it fizzled out, there's always room to improve your hit rate."

Real Social Networking Needs A Culture of Openness

Source: CIO Insider, August 16, 2007

Real Social Networking Promotes Openness "For all the hype MySpace and Facebook have generated, social networking will only become more appealing to a wider group of users and to businesses if it embraces a culture of openness. On both services, only members can see others' profiles, for instance. Services like Plaxo's Pulse (which just launched in Beta) aim to change the rules. "

Selected U.S. Federal Documents from Gallerywatch.com

Selected federal documents below from Gallery Watch.com may include references to government reporrts, Congressional letters, draft bills, and other primary source materials. Documents listed are accessible only through subscription to the GalleryWatch.com service. For additional information regarding access to these documents contact http://www.gallerywatch.com

New York Law Journal Decisions of Interest August 16, 2007

If you are already an online subscriber to this service you should be able to click on any of the links provided below, sign in, and access any of the decisions listed which interest you.



  • http://www.nylj.com/


  • APPELLATE DIVISIONFIRST DEPARTMENTMotor VehiclesDenial of Dismissal, Under Emergency Doctrine, Of Estate’s Suit Over Accident Should Be Reversed Alamo, plaintiffs-respondents v. McDaniel, defendants-appellants

  • NEW YORK COUNTY
    Torts
    Software Is Ruled Intangible Property Under English Law; Found Not Subject of Conversion Claim
    Van Deventer v. CS SCF Management Limited
    Subscription Required
  • NEW YORK COUNTY
    Torts
    Bar Patron Raises Issues of Fact in Negligence Action; Restaurant Denied Summary Judgment
    Fama v. 155 Second Ave. Restaurant Inc.
    Subscription Required
  • KINGS COUNTY
    Landlord/Tenant Law
    Landlord Denied Summary Judgment; Dismissal Of Tenant's Counterclaims Based on Waiver Denied
    47 Thames Realty LLC v. Kreiling
    Subscription Required
  • KINGS COUNTY
    Damages
    LIRR Granted Setting Aside Verdict on Damages Unless Employees Agree to Reduction of Damages
    Aguirre v. Long Island Rail Road Co.
    Subscription Required
  • QUEENS COUNTY
    Civil Practice
    Foreign Company Is Denied Dismissal for Lack Of Jurisdiction Based on Web Site Contacts
    TechSource International Inc. v. McCue Corp.
    Subscription Required
  • NASSAU COUNTY
    Landlord/Tenant Law
    Landlord-Tenant Relationship Found Terminated When Tenant's Status Merged Into Contract of Sale
    Sethi v. Kaur
    Subscription Required
  • U.S. COURT OF APPEALS, SECOND CIRCUIT
    Immigration Law
    Court Lacks Jurisdiction to Review Denial Of Application for Cancellation of Removal
    Barco-Sandoval v. Gonzales
    Subscription Required
  • U.S. DISTRICT COURT
    SOUTHERN DISTRICT OF NEW YORK
    Alternative Dispute Resolution
    Arbitrator Has Authority to Grant Relief Beyond Request, Ascribe Different Meaning to Terms
    Sanluis Developments LLC v. CCP Sanluis LLC
    Subscription Required
  • U.S. DISTRICT COURT
    SOUTHERN DISTRICT OF NEW YORK
    Criminal Practice
    Pro Se Defendant's Request to Call Trial Counsel As Witness Granted in Effective Assistance Dispute
    United States v. Mustafa Ozsusamlar and Osman Ozsusamlar
    Subscription Required
  • U.S. DISTRICT COURT
    SOUTHERN DISTRICT OF NEW YORK
    Criminal Practice
    Water Accumulation in Prison Cell Did Not Pose Unreasonable Risk of Serious Health Damage
    Jennings v. Horn
    Subscription Required
  • U.S. BANKRUPTCY COURT
    NORTHERN DISTRICT OF NEW YORK
    Bankruptcy
    Debtor, Creditor Law Does Not Violate Bankruptcy, Supremacy, Taking Clauses of U.S. Constitution
    In Re: Sherry Lynn Brown and In Re Michael Gloss
    Subscription Required




New York Law Journal Lead Articles August 16, 2007

If you are already an online subscriber to New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed

LAW.COM Newswire Highlights August 16, 2007

If newsfeeds are shown on the left side of your screen, the News articles listed below can be viewed in full text by first clicking on the Law.Com Newsfeed and then scrolling down to the appropriate article. If newsfeeds are not displayed on the screen try going to http://www.law.com/newswire/ and searching for the items of interest.


  • Baker & McKenzie's Profits per Partner Top $1 Million Mark
    New York Law Journal
    Baker & McKenzie, the world's largest law firm, is set to announce today that it grossed $1.83 billion in its 2007 fiscal year -- a 20 percent increase in revenue. The firm will also report that, for the first time, its profits per partner were over the $1 million mark, up 22 percent from the year before. Chairman John Conroy attributed the results to a strategic plan the 3,600-lawyer firm adopted three years ago.


  • Solicitor General Sides Against SEC in Major High Court Securities Case
    The American Lawyer
    In the cage match of the securities bar, Solicitor General Paul Clement has sided with corporate interests over investors. Clement on Wednesday filed an amicus brief for defendants in a Supreme Court case that may decide whether lawyers, accountants and bankers can be sued by private investors for activities that arguably go beyond aiding and abetting corporate fraud. In an extraordinary turn of events, the case has exposed a rift between the SEC and the Bush administration and its Department of Justice.
    Visit U.S. Supreme Court Monitor


  • DRAM Case Yields $81 Million Fee Award
    The Recorder
    Northern District of California Judge Phyllis Hamilton on Wednesday approved attorney fees for plaintiffs lawyers who reached a $325 million settlement in a price-fixing case against companies that make Dynamic Random Access Memory computer chips. Lead plaintiffs attorneys say an estimated $81.5 million, or 25 percent of the total settlement, will be split as fees between some 40 firms that worked on the case, which was brought on behalf of companies that used the chips in their products.

  • New York City's Suit Against Gun Dealers Proceeds
    New York Law Journal
    A lawsuit by New York City charging 15 out-of-state gun retailers with facilitating the illegal sale of guns in the city will go forward following a federal judge's denial of defendants' motion to dismiss on personal jurisdiction grounds. In a 100-page decision, Judge Jack B. Weinstein set out in extensive detail statistics supporting the city's claim that the defendants "de facto serve" the New York market "through regular sales to straw purchasers, through multiple gun sales, or through internet sales."

  • 9th Circuit Judges Challenge Government for More Candor on Wiretaps
    The Recorder
    In trying to sort out litigation over a federal wire-tapping program, three 9th Circuit judges wanted to know whether more candor by the government could make one suit go away -- and in another, they seemed inclined to dismiss it themselves. At a hearing on two cases over the post-9/11 spying, Judges Harry Pregerson, M. Margaret McKeown and Michael Daly Hawkins seemed offended by the government's invocation of the state secrets privilege but also unlikely to give plaintiffs lawyers everything they want.

  • Sharper Image Claims Reimbursing Customers Will Cause Bankruptcy
    Daily Business Review
    Financial experts for retailer Sharper Image are expected to testify today that the company could be pushed into bankruptcy if it is forced to pay up to $900 million to settle a class action being pushed by 27 state attorneys general and several plaintiffs attorneys. At a final fairness hearing today, U.S. District Judge Cecilia Altonaga must weigh Sharper Image's financial health against the demands of various plaintiff groups who want customers compensated for $300 air purifiers they say were ineffective.

  • N.J. Court: Malpractice Deadline Is Tolled by New Lawyer's Advice
    New Jersey Law Journal
    In an opinion that reminds matrimonial lawyers that there is no telling how long after a final judgment they can remain liable for malpractice, a New Jersey appeals court has ruled that a wife who agreed to an alimony settlement in 1994 could sue for malpractice almost 10 years later. Reinstating the claim, the panel said the cause of action did not accrue when the client had a premonition that something went wrong. It accrued when another lawyer told the client she might have a malpractice case.

  • Closing Attorneys See Red Over HomeBanc Mortgage's Bad Checks
    Fulton County Daily Report
    Dozens of Atlanta-area real estate closing attorneys are scrambling after receiving $20 million or more in bounced checks last month from HomeBanc Mortgage Corp. Although Georgia law requires lawyers to wait until checks have cleared before closing a mortgage, in practice most real estate closing attorneys don't wait for the money to clear, instead closing when they have a check in hand. Now, some attorneys face possible bar violations, and are digging into personal accounts to cover HomeBanc's mistake.

  • Federal Judge: Students Can Never Consent to Sex With Their Teachers
    The Legal Intelligencer
    A Pennsylvania federal judge has refused to dismiss a civil rights suit brought by a woman who claims she had a 10-month affair with her band teacher, finding that a high school student can never truly consent to having a sexual relationship with a teacher whose class she is taking. As a result, U.S. District Judge Eduardo C. Robreno said, "a teacher who has sex with a high school student who is assigned to his class discriminates against the student on the basis of sex in violation of Title IX."

  • Head of Va. Bar Association in Loan Dispute
    Legal Times
    Glenn Lewis is a prominent divorce lawyer in the Washington, D.C., metro area and president of the Virginia Bar Association, but he's had some trouble with his bank, BB&T, which sued Lewis and his law firm at the end of last year for failure to pay back two loans totaling close to $1 million. On at least one occasion last year the firm's payroll wasn't met, and Lewis' house was put in foreclosure. Adding to the turmoil, over the past three years, the Lewis Law Firm experienced a heavy turnover in its ranks.

  • Small Firm Finds New Ways to Encourage Business Development
    LawFirmInc.
    Patrick Lamb is an anomaly: an attorney who thinks like a client, perhaps because legal business development is one of his specialties. At 33-lawyer Butler Rubin Saltarelli & Boyd in Chicago, Lamb, as co-managing partner, saw an all-too-common imbalance: A small number of the partners were responsible for most of the financial success. So in order to enforce a marketing plan, Lamb convinced the partners to get tough. "We had used the carrot, and it didn't work," he says. "Now it was time for the stick."
    Visit Small Firm Business

  • New Security Twist to Acquisitions Spurs More Work for Law Firms
    The National Law Journal
    A new law giving the U.S. government a seat at the deal table in a growing number of acquisitions of U.S. firms by foreign entities has created a flood of work for law firms helping companies assess the national security implications of proposed deals. "It fell into a sweet spot in the firm," said Covington & Burling's David Marchick. "We had the technical competence, and we have people who have worked in senior levels in half of the [Committee on Foreign Investment in the United States] agencies."
    Visit In-House Counsel

  • Employment Litigation Gets Personal for Company Managers
    The National Law Journal
    Employment law is getting personal. An increasing number of executives, managers and other company leaders are being sued personally for their work-related decisions. The trend has put upper management on edge, and recent court decisions have added to this fear. Plaintiffs attorneys have some strategic reasons for naming individuals as defendants, but if they're looking for an easy fight, they may be mistaken. Going after executives can involve more money, more time -- and more lawyers fighting back.
    Visit the Employment Law Practice Center
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Wednesday, August 15, 2007

Newark Cameras Called "Cutting Edge Of Crime Prevention"

Source: Crime and Justice News, August 15, 2007.

"Newark Mayor Cory Booker and his beleaguered police force hope a new video surveillance system called Community Eye is a glimpse of the future of law enforcement in the city, which remains shaken by the execution-style murders of three college students 11 days ago, the Newark Star-Ledger reports. The project will marry audio gunshot-detection technology with a series of remote-control public surveillance cameras into a network that police believe will help them solve and prevent crimes -- most notably the rampant gun violence plaguing New Jersey's largest city.
The technology has been used to reduce crime in East Orange and other places around the nation. Police Director Garry McCarthy said,'"I kind of feel like a kid on Christmas morning.' The heart of the program -- one Booker said will put Newark 'on the cutting edge of crime prevention' -- is that cameras will be placed into a wireless network that is connected with gunshot-detection sensors. The sensors "hear" gunfire, which they can distinguish from other noises like cars backfiring. Then, with a little bit of geometry and some help from Global Positioning System satellites, the system instantly alerts police to the exact location of the gunfire. The cameras will cover 7 square miles. While that is less than a third of the 24-square-mile city, the selected areas are where 80 percent of shootings have occurred since 2005. The system will cost $3.2 million, and the Newark Community Foundation, a recently formed nonprofit group, has pledged to raise it."
Newark Star-Ledger

New York Police Report Cites "Homegrown: Terror Threat

Source: Crime and Justice News, August 15, 2007.

"Citizens who quietly band together and adopt radical ways pose a serious threat to American security, says a new police analysis reported by Associated Press. The New York Police Department report describes a process in which young Muslim immigrants, frustrated with their lives in their adopted country, slowly adopt a philosophy that puts them on the path to jihad. The men meet and share ideas in mosques, in bookstores, and over the Internet.
Potential terrorists are difficult for law enforcement to detect because they blend in well. The report argues that more intelligence gathering is needed to thwart terror plots at their earliest stages. The study, titled 'Radicalization in the West: The Homegrown Threat' is based on an analysis of the security risks exposed in criminal cases in Lackawanna, N.Y., Portland, Or., and Virginia, as well as plots in Madrid, Toronto, and Hamburg, Germany."
Associated Press/Washington Post

Giuliani Says He Could Work Again With Bratton

Source: Crime and Justice News, August 15, 2007.

Presidential contender and former New York Mayor Rudy Giuliani says he could imagine working again with his former police chief, William Bratton, now chief in Los Angeles. Giuliani and Bratton had a famous falling out during Giuliani's mayoral reign. The two met recently. Giiuliani, saying that he is older and wiser now, told The New Yorker that his relationship with Bratton was 'extraordinarily productive.' He added: 'We took a city that nobody believed could be turned around with regard to crime, and really did turn it around. That's not like a political slogan. We really did it. Now that I look back on it, I really appreciate the relationship.'
The New Yorker profile of Giuliani calls the gun issue dangerous for the candidate. In two early primary states, New Hampshire and South Carolina, Giuliani can be portrayed as a "a big-city gun grabber." He was a visible ally of Bill Clinton on gun control in the 1990s, and has been close to an absolutist on every gun- control issue he has ever confronted, going back to his time in the Reagan Justice Department (when he opposed Edwin Meese, White House counsel, on the issue). The New Yorker says 'it is the subject on which he becomes most contorted in trying to square his past positions with his current political imperatives.' "
The New Yorker

Licensed U.S. Gun Dealer Count Down 79% Since 1994

Source: Crime and Justice News, August 15, 2007.

"The number of licensed U.S. gun dealers has dropped by 194,998 since 1994, says the Washington- based Violence Policy Center. The group says the number of Type 1 Federal Firearms Licenses (FFLs) fell 79 percent, from 245,628 in 1994 to 50,630 in 2007. California posted the largest decrease in gun dealers, from 20,148 to 2,120 in 2007--a decrease of 89 percent. Other states that had declines of 80 percent or more during the period were Hawaii, Massachusetts, Connecticut, Florida, Maryland, Washington, Rhode Island, Louisiana, New Jersey, Georgia, New York, Virginia, Illinois, and Michigan."


"In 1992, the firearms dealer licensees outnumbered gas stations, 245,000 to 210,000. The bulk of the licenses were held by "kitchen-table" dealers who operated out of their homes or offices, an unknown percentage of which were actively involved in criminal gun trafficking. Today, the center says that only five states have more gun dealers than gas stations Alaska, Idaho, Montana, Oregon, and Wyoming."

Violence Policy Center

LAW.COM Newswire Highlights August 15, 2007

If newsfeeds are shown on the left side of your screen, the News articles listed below can be viewed in full text by first clicking on the Law.Com Newsfeed and then scrolling down to the appropriate article. If newsfeeds are not displayed on the screen try going to http://www.law.com/newswire/ and searching for the items of interest.


  • Ga. Court Clerk, Sheriff Plead Guilty to Charges, Resign
    Fulton County Daily Report
    One month after FBI agents raided the chambers of Georgia Judge Brooks E. Blitch III, court clerk Daniel V. Leccese Sr. has pleaded guilty to felony mail fraud and quit his job. Blitch is not named in court filings in Leccese's case. Also on Friday, Sheriff Gerald W. Brogdon pleaded guilty to the illegal sale of firearms. A spokeswoman for the U.S. Attorney's Office for the Middle District of Georgia declined to comment whether the Leccese and Brogdon cases are related.
  • Ex-Prosecutors Find Private Practice a Challenge
    The National Law Journal
    The Sarbanes-Oxley Act in 2002 created a big demand for attorneys who could handle more corporate governance business, and law firms snatched up federal prosecutors in hopes of taking advantage of the opportunity. But though the transition to Debevoise & Plimpton was "pretty easy" for former Assistant U.S. Attorney Andrew Ceresney, not every prosecutor is cut out for private practice, he says. "The government tends to see things as black and white. You definitely see things more in shades of gray."
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  • SEC's New Rule Prohibits Hedge Fund Advisers From Engaging in Fraudulent Acts
    Special to Law.com
    Following a recent, and problematic, decision of the D.C. Circuit, the SEC has adopted a new rule under the Investment Advisers Act of 1940 to clarify the SEC's ability to bring enforcement actions under the IAA against investment advisers who defraud investors or prospective investors in a hedge fund or other pooled investment vehicle. Torys partner Joris Hogan says the new rule should put to rest uncertainty over whether the antifraud rules under the IAA cover investors or prospective investors in a PIV.
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  • Commentary: Lessons Learned in Boosting Pro Bono
    Legal Times
    In the past three years, Gibson, Dunn & Crutcher's pro bono hours nearly tripled. Associate Daniel Cantu, who is a member of the firm's national pro bono committee, explains how Gibson Dunn management created a national committee to facilitate pro bono projects, streamlined processes for attorneys who wished to take on such work and instituted awards to recognize excellence in pro bono representation. And some of those lessons would work for any firm seeking to expand its pro bono program.
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New York Law Journal Decisions of Interest August 15, 2007

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Marquis Who's Who On The Web Update

Source: E-mail from Marquis Who's Who, August 14, 2007.

"...Marquis Who's Who has just added Who's Who in American Politics to its online database, Marquis Who's Who on the Web. Now, libraries and research departments can instantly find information on over 36,000 key figures in America's political arena, with searching by name, position, city/state, political party, and more. This marks the completion of an effort to digitize all of our active Who's Who print titles and make them searchable online. "

"Also recently added to the database - at no additional charge - were: - Who's Who in American Art - 14,000 biographies - Who's Who in American History - 110,000 biographies (1607-1985) "

Web 2.0 Means Re-examining IT Security Approach Says Gartner

Source: Government Technology Executive News, August 15, 2007.

Web 2.0 Means Re-examining IT Security Approach, Says Gartner

Aug 14 2007 09:00AM "Using and participating in these online services and communities forces enterprises to relinquish a level of control that they historically would not tolerate."

Social Networking Sites Asked if Sex Offenders Have Profiles

Source: Government Technology Executive News, August 15, 2007.

Dozen Social Networking Sites Asked if Sex Offenders Have Profiles Aug 14 2007 09:29AM " 'MySpace's identification of such a large number of registered sex offenders on its site underscores the need for awareness and action by all networking sites,' said New Jersey Attorney General Anne Milgram."

New York Law Journal Lead Articles August 15, 2007

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Wednesday, August 15, 2007
Judge's Libel Claims Against Post Trimmed
For Hedge Fund Clients, Losing Is Personal
Rescuer's Stress Lawsuit Proceeds Against Con Ed
Regulator Plans New Career in Place of Ethics 'Super Bowl'
Obituary: Herbert J. Goodfriend
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