Friday, September 17, 2010

Criminal Law and Procedure Blog Alerts: September 17, 2010

Source: Google News Alert Service, September 17, 2010.



Why do Innocent People Confess to Crimes? - LegalMatch: Criminal Law
By Legal Match

If someone is in prison because they confessed to a crime, you can be pretty sure that they're actually guilty, right? Statistically, that's probably a safe bet. However, a surprising, and disturbingly-high, number of people have been exonerated (almost always ... According to the Wall Street Journal Law Blog (also reported here) criminal defense attorneys are taking note. It used to be that an admissible confession was the final nail in a coffin for a criminal defense. ...
LegalMatch: Criminal Law - http://legalmatch.typepad.com/criminallaw/


Social & Criminal Justice major requirements psychology degree in ...
By admin

2100, crime and justice in the USA 3. CJUS. 3201, the offense 3. CJUS. 3300, police systems 3. 3400, prisons Systems 3. CJUS. 3600, Criminology 3. CJUS. 3700, ethical issues in criminal law 3. CJUS. 4200 Criminal Procedure Law, 3 ...
health 71 - http://www.health71.com/


Lebanon: Judiciary Failing to Protect Domestic Workers | Human ...
By Human Rights Watch

It finds that lack of accessible complaint mechanisms, lengthy judicial procedures, and restrictive visa policies dissuade many workers from filing or pursuing complaints against their employers. ... The most severe sentence for beating a domestic worker of which Human Rights Watch is aware was one month in prison. It was imposed by a criminal court on June 26, 2010, against an employer who repeatedly beat a Sri Lankan domestic worker while forcibly confining her to the ...
- http://www.hrw.org/

Governor David Paterson and New York Finance

Source: Google News Alert Service September 17, 2010.

Western New York Not-For-Profits to Receive 26 Awards Totaling $9 million for ...
ReadMedia (press release)
by New York State Division of Housing & Community Renewal ALBANY, NY (09/16/2010)(readMedia)-- Governor David A. Paterson today announced 26 awards totaling ...
See all stories on this topic »

Winners & Losers, Sept. 17 Edition
City Hall
Of course, if she can self-finance out of a new groom's fortune, recognition and profile won't be as much of a problem. David Paterson – At this point, ...

Judge Questions the Credibility of Proposed Terror Case Witness

Judge Questions the Credibility Of Proposed Terror Case Witness

Source: NYLJ.com September 17, 2010 Subscription Required

The viability of a central witness in the case against Ahmed Khalfan Ghailani was questioned by Judge Lewis Kaplan yesterday as Hussein Abebe stuck to his claim he was testifying voluntarily and was not threatened with prosecution for involvement in the bombings of two U.S. embassies in Africa in 1998. Mr. Abebe, who sold Mr. Ghailani the dynamite used to bomb the U.S. embassy in Dar es Salaam, Tanzania and is cooperating with the government, insisted that Tanzanian and U.S. authorities were not holding criminal charges over his head to force his testimony.

New York Law Journal: Lead Articles September 17, 2010

Source: New York Law Journal.com September 17, 2010 http://www.nylj.com

Friday, September 17, 2010

Circuit Nominee Pressed on Courtroom Experience Subscription Required New York Law Journal

Court Administrators Instruct Jury Commissioners To Limit Comments in Seeking New Data on Race Subscription Required New York Law Journal

News In Brief Subscription Required New York Law Journal

Lawyer Facing Divorce Suspended for Lawsuit, Harsh Messages to Wife, Others Involved in Case Subscription Required New York Law Journal

Judge Questions the Credibility Of Proposed Terror Case Witness Subscription RequiredNew York Law Journal

Judge Vacates Conviction Grounded in Outmoded Cases Subscription Required New York Law Journal

Roberts Court Review of State Cases Reveals Different Kind of Federalism Subscription Required New York Law Journal

Obituary: Michael D. Ditzian
New York Law Journal

New York Law Journal: Decisions of Interest September 17, 2010

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

http://www.nylj.com

Subscription required for online access:

U.S. District, Court Eastern District
Criminal Practice
Significant Shift in New York Law on Depraved Indifference Homicide Triggers Grant of Habeas
Petronio v. Walsh, 09-CV-341 (ADS)

NEW YORK COUNTY
Criminal Practice
Defendant Failed to Preserve Speedy Verdict Issue in Loitering for Prostitution Case
People v. Morris


KINGS COUNTY
Family Law
New York Ruled Inconvenient Forum To Determine Custody of Children
TZ v. SZ


KINGS COUNTY
Family Law
Mother's Relocation, Parenting Schedule Substantially Comply With Stipulation
Skoupy v. Azambuya

QUEENS COUNTY
Juvenile Law
Juvenile Is Charged With Attempt to Commit Crime That Is Not Juvenile Offense
Matter of Kaminski G.


NASSAU COUNTY
Damages
Passenger Did Not Overcome Presumption Of Release's Validity in Vehicle Accident Case
Frazzetto v. Ryder Truck Rental Inc.


WESTCHESTER COUNTY
Trusts and Estates
Child Adopted Out of Family Ruled Entitled to Inherit From Trusts, Will
Matter of Emily Fuqui Svenningsen Campbell


U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
Permanent Resident Loses Bid for Review Of Removal on Ineffective Counsel Claim
Vartelas v. Holder


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Criminal Practice
Ex-Executive Indicted for Trade Secret Theft In Computer Source Code's Misappropriation
United States v. Aleynikov


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Evidence
Chevron Is Granted Additional Subpoenas in Ecuador Litigation
In re Application of Chevron Corp.


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Labor Law
Mechanics Nearing Retirement Did Not Need To Seek New Job After Losing Seniority Rights
Ramey v. Dist. 141, Int'l Assn. of Machinists and Aerospace Workers


U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
Contracts
Plaintiff Awarded Judgment for Breach, Unjust Enrichment, Guarantee's Breach
Aquent LLC v. Atlantic Energy Services Inc.

LAW.COM Newswire Highlights September 17, 2010

A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw


Toyota Moves to Dismiss MDL Claims
The National Law Journal

Toyota has moved to dismiss hundreds of lawsuits seeking damages associated with its recalls related to sudden unintended acceleration. Part of the multidistrict litigation against the automaker, the suits seek economic damages for consumers and businesses plus damages for individuals who were injured or died in accidents attributed to sudden acceleration. This week, Toyota moved to dismiss the master consolidated complaint, calling it "replete with hyperbole, misleading statistics, anecdotes, and legal conclusions."

No En Banc Review of 9th Circuit Ruling in HIV Disclosure Case
The Recorder

Eight judges sounded the alarm Thursday about a 9th Circuit sovereign immunity case they say could open the floodgates for claims against the government. The judges issued a dissent after failing to secure enough votes to force en banc review of a ruling that a pilot could sue the government for sharing his HIV status among several federal agencies. "The effect of today's order is to open wide the United States Treasury to a whole new class of claims without warrant," Judge Diarmuid O'Scannlain wrote in the dissent.

Informant in Major FCPA Case Pleads Guilty to Conspiracy
The National Law Journal

A former executive for a military equipment company pleaded guilty to conspiracy Thursday, three years after he began cooperating with prosecutors in what has become the largest prosecution of alleged foreign corruption payments. Richard Bistrong, formerly of Armor Holdings, pleaded guilty to one count of conspiracy to violate the Foreign Corrupt Practices Act and other statutes. He faces up to five years in prison, and as part of his plea, he agreed not to request a downward departure from federal sentencing guidelines.

Lawyer Facing Divorce Gets Suspended for Sending 'Hostile' Messages
New York Law Journal

An attorney who hurled "hostile, obscene and derogatory" missives at his wife and professionals involved in their divorce has been suspended for two years by a New York appeals court, which rejected a three-year censure requested by the court's disciplinary staff. At one point, Anthony Chiofalo "threatened to cut off one attorney's pinkie and send it to his wife," the court said. Chiofalo also questioned the judge's integrity and accused his wife's attorney of exploitation of the couple's children to obtain excessive fees.

Stay Denied in Malpractice Case Against Wolf Block
The Legal Intelligencer

Despite arguing that case law clearly required a legal malpractice case against Wolf Block to be stayed pending the outcome of the underlying suit at issue, a Philadelphia judge has denied the defunct law firm's preliminary objections. Alan Potamkin sued Wolf Block and several former partners for allegedly drafting an ineffective prenuptial agreement that has so far not held up in the underlying litigation. Wolf Block argued that Potamkin's true damages can't be known until the divorce action is final.

Lawyer Dismissed From Kid Rock Lawsuit
Fulton County Daily Report

Ending an odd detour of his legal career, a New Orleans lawyer has been dismissed as a defendant from a suit brought by Harlen Akins, a music promoter who claimed Kid Rock and his entourage beat him up. After hearing the judge drop him from the case, George P. Vourvoulias III hugged Kid Rock and left the courtroom. The moment ended what started three years ago as Vourvoulias spent time with an old friend who'd become a famous musician and was on a concert tour in Atlanta.

State Cap on Non-Economic Damages a No-Go in Eastern District of Texas Case
Texas Lawyer

A U.S. magistrate judge has concluded the cap the Texas Legislature set on non-economic damages in health care liability suits is constitutional. The Eastern District judge concluded the defendant health care providers and the state are entitled to summary judgment that the Medical Malpractice and Tort Reform Act of 2003 does not violate plaintiffs' right of access to the courts and the takings clause of the Fifth Amendment to the U.S. Constitution. The judge's report goes to U.S. District Judge T. John Ward for a final ruling.

Inmate's Attorneys Awarded $1.50 in Fees
The Associated Press

A federal judge has awarded $1.50 in fees to attorneys for an Arkansas prison inmate who won a civil rights lawsuit against the state prison system after she was shackled while giving birth. The attorneys had asked for about $140,000 in fees -- but the judge said they are limited by state law to 150 percent of damages, which amounted to $1.00.

Court Backs Arbitration of Former Partner's Claim Against Epstein Becker
New York Law Journal

A former Epstein Becker & Green partner who sued the law firm in California state court over his capital contribution will have to arbitrate the dispute. Southern District of New York Judge Laura Taylor Swain granted Epstein Becker's motion to compel arbitration for claims initiated by Thomas Brown, an attorney who left the law firm in 2006. Brown claims Epstein Becker committed fraud and balked on an agreement to return his capital contribution when he quit.

Businessman Gets 23 Years for $77 Million Ponzi Scheme
The Associated Press

Frank Castaldi, convicted of a $77 million Ponzi scheme that targeted hundreds of often working-class members of his own Chicago-area community, including the elderly, widows and immigrants from Italy, has been handed a maximum 23-year prison term. Federal Judge John Darrah rejected prosecutors' recommendation of a 12 1/2 year sentence for Castaldi -- recommended in part because he had reported the two-decade scam himself -- saying that would let the businessman off too easy, given the lives he ruined.

Attorney Suspended for Assisting in Unauthorized Practice of Law
The National Law Journal

Massachusetts' highest court has stripped a prominent Boston attorney of his law license for a year and a day after finding that he assisted in the unauthorized practice of law. The Supreme Judicial Court of Massachusetts ruled last week that criminal defense attorney Stephen Hrones violated ethics rules by operating a practice with an unlicensed law graduate who was handling discrimination cases.

Be Careful How Your Brand Travels on Social Networks
The American Lawyer

When Facebook announced it would let users create vanity URLs for their profiles, the news touched off a frenzy among brand owners fearing their names could get hijacked. There was no mass brand-jacking: Was the threat of social networks overblown? No, say lawyers in the field.
Visit Legal Technology

Two More Partners Leave Nixon Peabody for DLA Piper
The National Law Journal

DLA Piper has brought aboard two more partners from Nixon Peabody, this time Paul Hall and Todd Toral to its litigation practice in San Francisco. Eleven Nixon Peabody partners have moved to DLA Piper since May. Hall was the co-chairman of Nixon Peabody's national class action team.
Visit lawjobs.com News & Views

A Lesson From 'Mad Men': Predicting Law Firm Stars and Major Clients
The Legal Intelligencer

How can a law firm ascertain who may be its major clients in the future and what lawyers may be its breakout stars? Getting inspiration from a "Mad Men" episode, consultant Frank D'Amore warns against overlooking future MVPs, and presents some strategies for figuring out who they'll be.
Visit lawjobs.com News & Views

How an Expensive Office Lease Helped Kill a Venerable IP Boutique
The American Lawyer

When New York-based intellectual property specialty shop Darby & Darby announced in March that it was shutting its doors, many observers quickly lumped the firm in with other dead IP boutiques as another example of the notion that the boutique model no longer has legs. But in some ways, the firm's death represents something beyond the story of a struggling IP boutique. It's also a classic tale of how the burden of boom-time loans helped crush a company once tough times hit.
Visit Small Firm Business

Thursday, September 16, 2010

Why Does Crime Continue Falling in a Poor Economy?

Why Does Crime Continue Falling In A Poor ...*

Colorado Trains Mexican Prison Officers To Fight Drug Cartels. -- How Chicago Teen Probation Officer "Jump Started" Kids In Need. On every business day, Criminal Justice Journalists (CJJ) provides a summary of the nation's top crime and ...

Criminal Justice News - http://criminaljustice.posterous.com/
____________________
*Source: Google News Alert Service, September 16, 2010.

California: Criminal Record Cancellation*

CA Criminal Record Removal | Sacramento Personal Injury Attorney
By admin

The cancellation of a criminal case has many advantages, especially the ability to deny a conviction when asked by a potential employer. Whatthe process? Striking first determine the type of relief is appropriate. The law varies from state to state, so it is essential that a ... She was convicted of a crime and were sentenced to state prison or under the authority of the California Department of Corrections, you can request a certificate of rehabilitation and forgiveness. ...
Sacramento Personal Injury Attorney
http://sacramentopersonalinjuryattorney.blogsml.com/

Congressional Research Service (CRS) Reports Posted September 16, 2010*

Stem Cell Research: Ethical and Legal Issues
Report No. RL33554
Subjects: Health Policy
CRS Reports, 111th Congress (9/1/2010; Posted: 9/16/2010)
---------------------------------

Agricultural Disaster Assistance
Report No. RS21212
Subjects: Agriculture; Emergency Management
CRS Reports, 111th Congress (8/30/2010; Posted: 9/16/2010)
---------------------------------

Legislative Support: Useful Telephone Numbers and Internet Addresses
Report No. RS20120
Subjects: Congress
CRS Reports, 111th Congress (8/26/2010; Posted: 9/16/2010)
---------------------------------

Navy Littoral Combat Ship (LCS) Program: Background, Issues, and Options for Congress
Report No. RL33741
Subjects: Defense Policy; Weapons Systems
CRS Reports, 111th Congress (9/1/2010; Posted: 9/16/2010)
---------------------------------

Oil Spills in U.S. Coastal Waters: Background and Governance
Report No. RL33705
Subjects: Water Pollution; Environmental Protection
CRS Reports, 111th Congress (9/2/2010; Posted: 9/16/2010)
---------------------------------

Economic Factors Affecting Small Business Lending and Loan Guarantees
Report No. RL34400
Subjects: Business; Finance
CRS Reports, 111th Congress (9/3/2010; Posted: 9/16/2010)
---------------------------------

The Uniformed and Overseas Citizens Absentee Voting Act: Overview and Issues
Report No. RS20764
Subjects: Defense; Elections; Defense Policy
CRS Reports, 111th Congress (9/1/2010; Posted: 9/16/2010)
---------------------------------

U.S. Immigration Policy on Haitian Migrants
Report No. RS21349
Subjects: Haiti; Immigration
CRS Reports, 111th Congress (8/26/2010; Posted: 9/16/2010)
---------------------------------

Stormwater Permits: Status of EPA's Regulatory Program
Report No. 97-290
Subjects: Environmental Protection
CRS Reports, 111th Congress (8/25/2010; Posted: 9/16/2010)
---------------------------------

Stem Cell Research: Science, Federal Research Funding, and Regulatory Oversight
Report No. RL33540
Subjects: Health Policy
CRS Reports, 111th Congress (9/1/2010; Posted: 9/16/2010)
---------------------------------

CRS Issue Statement on the Federal Workforce: Human Resource Management
Issue Statement No. IS40313
Subjects: Civil Service; Government Employees
CRS Reports, 111th Congress (7/1/2010; Posted: 9/16/2010)
---------------------------------

CRS Issue Statement on Canada
Issue Statement No. IS40304
Subjects: Canada
CRS Reports, 111th Congress (7/16/2010; Posted: 9/16/2010)
---------------------------------

Why Certain Trade Agreements Are Approved as Congressional-Executive Agreements Rather Than as Treaties
Report No. 97-896
Subjects: Trade
CRS Reports, 111th Congress (8/27/2010; Posted: 9/16/2010)
---------------------------------

CRS Issue Statement on Campaign Finance
Issue Statement No. IS40277
Subjects: Elections
CRS Reports, 111th Congress (7/20/2010; Posted: 9/16/2010)
---------------------------------

CRS Issue Statement on the Caucasus and Central Asia
Issue Statement No. IS40305
Subjects: Armenia; Azerbaijan; Georgia; Russia
CRS Reports, 111th Congress (7/2/2010; Posted: 9/16/2010)
---------------------------------

Tax Benefits for Health Insurance and Expenses: Overview of Current Law
Report No. RL33505
Subjects: Health Policy; Taxation
CRS Reports, 111th Congress (9/2/2010; Posted: 9/16/2010)
_____________________
*A subscription to this service through CQ Roll Call is required for online access. If you already have a subscription to this service, access to these documents should be possible from this site. For information regarding subscribing to CQ Roll Call Group Hot Docs services go to http://corporate.cqrollcall.com/wmspage.cfm?parm1=400. where you can request either a subscription or a free trial.

National Law Journal: Legal Times Afternoon Update September 15, 2010.

Source: NLJ.com September 16, 2010.

Subscription required for online access:

http://www.law.com/jsp/nlj/subscribe.jsp

Labor Department Sues Tyson for Gender Discrimination
The U.S. Department of Labor has filed suit against Tyson Fresh Meat, alleging that the company systematically rejected female job applicants at its plant in Joslin, Ill.

Specter Still Resolved to Require Cameras in Supreme Court
Sen. Arlen Specter (D-Pa.) has told The National Law Journal that the Judicial Conference's newly announced experiment with camera access in federal district courts won't deter him from pushing his bill to require cameras in the Supreme Court.

FBI Veteran Says Judge Didn't Disclose Cash Payments

A former FBI agent said today that impeached U.S. District Judge G. Thomas Porteous Jr. did not mention taking money from his former law partners when the agent interviewed Porteous as part of the Senate confirmation process in 1994.

D.C. Attorney General Preparing to Step Down
Peter Nickles, the D.C. attorney general who has drawn fire for his close ties to Mayor Adrian Fenty, said that in light of Fenty’s loss to D.C. Council Chairman Vincent Gray loss in last night’s Democratic primary, he plans to announce either his retirement or resignation within the next 30 days. The former Covington & Burling partner said in an interview today that he “could not serve under Mr. Gray’s mayoralty.”

Senator Says Re-banning Animal Crush Videos 'A Virtual Certainty'
A speedy Senate Judiciary Committee hearing this morning paid notice to animal rights groups that hope to flatten a resurgence of "animal crush" videos, an industry they say has regained ground after the United States v. Stevens decision reversed a previous ban on their creation and distribution.

On NBC Tonight: The Latest Supreme Court-Based Drama
Every few years, Hollywood launches a new TV drama based on the Supreme Court, focused on either fictionally flawed justices or hot law clerks. So far, the shows have all crashed and burned. Hewing too closely to real life at the Court tends to make the dramas dry, while spicing things up makes them too unbelievable.

New York Law Journal: Decisions of Interest September 16, 2010

Source: NYLJ September 16, 2010 - Subscription required unless otherwise noted>

http://www.nylj.com

Supreme Court, Nassau County
Family Law
Wife's Misstatements on Length of Sexual Abandonment Trigger Denial of Divorce
McPhee v. Miniero, 201490/08

U.S. Court of Appeals, Second Circuit
Business Law
Under 'Bespeaks-Caution' Rule, Panel Rejects Dismissal of Suit Over Prospectus
Iowa Public Employees' Retirement System v. Merrill Lynch, Inc., 09-3919-Cv

NEW YORK COUNTY
Contracts
Option Pact Did Not Violate Rule Against Perpetuities; Buyer Loses Down Payment
Rozina v. Casa 74th Development LLC


NEW YORK COUNTY
Civil Practice
Complaint Over Alleged Injury Of Wheelchair User Is Dismissed
Fogle v. City of New York


NEW YORK COUNTY
Torts
Allegedly Defamatory Statements Against Lawyer Found Protected by Qualified Privilege
Weiss v. Lowenberg

NEW YORK COUNTY
Contracts
Unverifiable Evidence Regarding Lost Profits Grants Defendants Dismissal of Complaint
Kassis Management Inc. v. Verizon New York Inc.


KINGS COUNTY
Civil Practice
Conclusions in Memo Imposing Higher Standards Than Law Ruled Inadmissible
Adenekan v. New York City Transit Authority


NASSAU COUNTY
Labor Law
Slight Elevation of 2,500-Pound Diesel Tank Found Not de Minimus Given Weight, Force
Schmierer v. Great Neck Water Pollution Control District


U.S. COURT OF APPEALS, SECOND CIRCUIT
Immigration Law
N.Y. Penal Law 130.20(1) Found Divisible: Deportation for Aggravated Felony Is Upheld
Ganzhi v. Holder


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Contracts
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
Richard Green (Fine Paintings) v. McClendon


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Real Property
Unreliable Elevator Renders 14th Floor Luxury Co-Op Suite Unfit for Occupancy
Campbell v. Mark Hotel Sponsor LLC


U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice
Privilege Not Waived in Lawyer's E-Mails To Son in Role as Client Parents' Agent
Green v. Beer


U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Intellectual Property
Process Patents Describing 'Dual-Access' Luggage Locks Not Directly Infringed Upon
Travel Sentry Inc. v. Tropp

New York Law Journal: Of Counsel Column September 16, 2010

Source: NYLJ September 16, 2010 - Subscription required for online access:

Civil Liability of Rating Agencies: Past Success, Future Danger?

Wednesday, September 15, 2010
By Jonathan S. Sack and Kefira R. Wilderman

Jonathan S. Sack and Kefira R. Wilderman of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer discuss how the Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws and how rating agencies are unlikely to fare as well in the courts as they previously have.

New York Law Journal: Corporate Update September 16, 2010

What Hath 'Morrison' Wrought?*

Thursday, September 16, 2010
By John C. Coffee, Jr.

In his Corporate Securities column, John C. Coffee, Jr., the Adolf A. Berle Professor of Law at Columbia University Law School and director of its Center on Corporate Governance, explores the U.S. Supreme Court's ruling this term in Morrison v. v. National Australia Bank Ltd. and suggests that the impact of the decision on the Securities Act of 1933 and Regulation S is uncertain.
_______________________
*Subscription required for online access.

New York Law Journal: Lead Articles September 16, 2010

If you are already an online subscriber to the 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.

http://www.nylj.com

Thursday, September 16, 2010


Democratic Nominee Challenges GOP Rival


Old Divorce Law Still Applies as Judge Rebuffs Attempt to Show Fault


Class Action Dismissed on Broad Reading of Caution Rule Is Revived


News In Brief


Law Department Lawyer Marches Off to Active JAG Duty


U.S. News, Best Lawyers Release Inaugural Law Firm Rankings


Correction

LAW.COM Newswire Highlights September 16, 2010

A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw


Another Record Year for Laterals?
The American Lawyer

Last week saw a deluge of press releases from law firms touting new partner hires. When asked about the bonanza of lateral announcements, one recruiter said with the close of the third quarter, partners have a better idea of how things are shaping up for themselves and their firms. Another recruiter notes that partners are moving to firms that are more flexible about meeting clients' demands. "People are no longer moving to amplify their comp," he says. "They're moving to survive."

Partial Settlement Reached in Pa. 'Sexting' Case
The Legal Intelligencer

One of the high school students at the center of a "sexting" controversy in Pennsylvania has agreed to a partial settlement of a civil rights suit that said her constitutional rights were violated when a principal confiscated her cell phone, found nude images she had taken of herself and turned over the phone to prosecutors. Under the terms of the settlement, the school district agreed to pay $33,000, but admitted to no wrongdoing. However, the plaintiff has not settled her claims against the county DA's office.

Specter's Last Stand: Requiring Cameras in the U.S. Supreme Court
The National Law Journal

Sen. Arlen Specter says it's full steam ahead for his effort to require the Supreme Court to allow televised broadcast of its proceedings, in spite of a newly announced experiment with camera access in lower federal courts. Specter dismissed the Judicial Conference's new pilot program for civil trials in district courts as a "will o' the wisp" that does not change his determination to pass his own legislation on cameras in the Supreme Court.

Hiring Professionals See Legal Jobs Holding Steady
The Recorder

The Robert Half Legal staffing agency reported Tuesday that its survey of 200 lawyers at firms and companies indicates increased business confidence and continued hiring for the rest of the year, with the largest boosts expected in bankruptcy, litigation and health care-related practices. At the same time, nearly 60 percent of respondents surveyed said they expect no change in their staffing levels.

DOJ, Tobacco Lawyers Back in Court Over Injunction
The National Law Journal

Government lawyers and attorneys for a group of tobacco companies met Wednesday to discuss how to implement a sweeping injunction lodged against the industry in 2006 by a federal judge who found the companies conspired for decades to conceal the health risks of smoking. The government's case against the tobacco companies -- including Philip Morris USA (whose parent company is Altria Group) and R.J. Reynolds Tobacco Co. -- has been held up in appellate courts since the injunction was issued.

Former Body Armor Company Executives Convicted of Fraud After Marathon Trial
New York Law Journal

The former head of a company that sold body armor to the U.S. military and to law enforcement agencies was convicted Tuesday of insider trading, fraud and obstruction of justice, bringing to a close an eight-month federal court trial. A jury convicted David H. Brooks, the founder and former CEO of DHB Industries, and Sandra Hatfield, the company's former chief operating officer, on 14 of 16 charges. According to the government, the defendants reaped nearly $200 million from schemes to defraud the company's investors.

'Willful Blindness' Jury Charge Proper in Tax Fraud Conviction, 3rd Circuit Rules
New Jersey Law Journal

A federal appeals court has upheld the tax fraud conviction of real estate magnate Charles Kushner's brother-in-law, finding use of a "willful blindness" jury charge satisfied a criminal tax offense's willfulness element. The instruction may, where warranted by trial evidence, "properly apply to a defendant's knowledge of his legal duties," the 3rd Circuit held. The court rejected a challenge by Kushner Cos. executive VP Richard Stadtmauer, who pleaded guilty in 2004 to assisting in the filing of false partnership tax returns.

Hire From Howrey Boosts Kasowitz Benson's Insurance Practice
New York Law Journal

As part of its continued push into insurance coverage litigation, Kasowitz Benson will add Howrey partner Robert H. Shulman, who was lead counsel to International Paper Co. in litigation against its insurance carriers that resulted in a $93.2 million jury verdict in his client's favor in 2001 and another for $383.3 million in 2003. Howrey has seen a number of partner departures nationally in recent months, including in the insurance coverage arena.

Pancake Restaurant Flips Out Over Prayer Center's IHOP Name
The Associated Press

A restaurant chain known for its pancakes is suing a Kansas City, Mo.-based church mission that promotes its belief in daily, continuous prayer. The International House of Pancakes accuses the International House of Prayer of trademark dilution and infringement. The restaurant chain says it has six registered trademarks for the IHOP acronym and has been using the initials since 1973.

Case Tests Whether Circulating News About an Expunged Conviction Is Libel
New Jersey Law Journal

If a criminal conviction is expunged, did it ever exist? That's what the New Jersey Supreme Court is being asked to decide, and its answer will determine whether someone who publicizes a conviction after expungement is committing defamation. An appeals court ruled last December that a truthful statement that a person has been convicted of a crime is not actionable, even if the conviction has been expunged. One lawyer representing an amicus called the case a "core First Amendment discussion."

Plaintiffs Lawyers Urge Court to Keep Injunction in Stem Cell Case
The National Law Journal

A federal judge's preliminary injunction that blocks funding for human embryonic stem cell research should not be put on hold while the Justice Department challenges the decision on appeal, attorneys for two adult stem cell researchers said Tuesday in court papers. DOJ attorneys want the August ruling stayed while the government fights the decision in the D.C. Circuit.

E-Discovery Sanctions: Not for Defendants Only
The Legal Intelligencer

According to Leonard Deutchman, Pension Committee and Medcorp are two extreme examples of a phenomenon that e-discovery observers will acknowledge if pressed to be honest and candid: The plaintiffs bar knows far, far less about e-discovery than does the defense bar.
Visit Legal Technology

Law Schools Give Cold Shoulder to Transparency Project
The National Law Journal

Just 11 law schools met the Sept. 10 deadline to respond to a request by nonprofit Law School Transparency for more detailed job statistics, with only three saying they were considering providing the requested data. Project co-founder Kyle McEntee insists he's not discouraged.
Visit lawjobs.com News & Views

How Do You Know When It's Time to Leave Your Law Firm?
The Legal Intelligencer

So, how do you know when it is time to leave your law firm? Molly Peckman, Dechert's director of associate development, discusses some of the signs, but also suggests that you truly consider staying, first. And if you decide to leave, make sure "to stay until you go," she notes.
Visit lawjobs.com News & Views

The Careerist: Women Partners Get Paid Less -- Duh?
The Careerist

Check out some of the latest posts on the lawjobs.com blog, The Careerist. Women Partners Get Paid Less -- Duh? And Maybe a Girl's Got to Be Manipulative: What Joan and Peggy of "Mad Men" Can Teach Us Plus Are Flex/Part-Time Options Holding Women Back?
Visit The Careerist

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Wednesday, September 15, 2010

New York Criminal Law News September 15, 2010

Source: LexisNexis, September 15, 2010.

1. Daily News (New York), September 15, 2010 Wednesday, SPORTS FINAL EDITION, FEATURES; Pg. 8, 173 words, FIRE AND BRIMSTONE IN DEAD SEA SCROLLS TRIAL, BY MELISSA GRACE

CORE TERMS: Golb's, Schiffman, Raphael, NYU's, scrolls, prof

... toward Schiffman. Golb is charged with 51 counts, including criminal impersonation and identity theft for creating dozens of email accounts and sending hundreds of ...
... 91%); PLAGIARISM (90%); IMPERSONATION (90%); FRAUD & FINANCIAL CRIME (88%); JURY TRIALS (88%); REAL PROPERTY LAW (88%); IDENTITY THEFT (73%); JAIL SENTENCING (71%); ELECTRONIC MAIL (67%); ...
NEW YORK, USA (88%)


2. Daily News (New York), September 15, 2010 Wednesday, SPORTS FINAL EDITION, NEWS; Pg. 16, 315 words, S.I. BASH WAS OVER DRUGS, NOT BIAS: DA, BY OREN YANIV DAILY NEWS STAFF WRITER

CORE TERMS: Vazquez, Donovan, hate crimes, district attorney's, prosecutors, immigrant, involving, dispute, bag

HATE CRIME (90%); CRIMINAL OFFENSES (90%); JUSTICE DEPARTMENTS (90%); IMMIGRATION (89%); GRAND JURY (79%); LAW COURTS & TRIBUNALS (79%); CANNABIS (78%); JUVENILE JUSTICE ( ...
NEW YORK, USA (93%)


3. The New York Times, September 15, 2010 Wednesday, Late Edition - Final, Section A; Column 0; Metropolitan Desk; Pg. 26, 644 words, Contractor With $100,000 Belt Buckle Is Found Guilty, By A. G. SULZBERGER; Joseph Berger contributed reporting.

CORE TERMS: Brooks, Hatfield, prosecutors, bullet-resistant, verdict, armor, fraud, vests, jury, DHB, contractor, convicted, regarding, insider, buckle, schemes, counts, belt

VEHICLE & BODY ARMOR (91%); VERDICTS (91%); CRIMINAL CONVICTIONS (90%); JURY TRIALS (90%); FRAUD & FINANCIAL CRIME (90%); JUSTICE DEPARTMENTS (89%); DEFENSE INDUSTRY (89%); ...
... 89%); PERSONAL SAFETY EQUIPMENT MFG (89%); TAX FRAUD (78%); CORPORATE WRONGDOING (78%); MISCONDUCT (78%); LAWYERS ( ...
NEW YORK, USA (79%)


4. The New York Times, September 15, 2010 Wednesday, Late Edition - Final, Section B; Column 0; Sports Desk; Pg. 18, 585 words, Rodriguez Is Warned But Avoids Jail Time, By JAMES BARRON and MICK MEENAN

CORE TERMS: Rodriguez, text, Booth, Kessler, Raciti, Pena, courtroom, remained silent, protection, girlfriend, criminal, sending, bench, pair

... 92%); RESTRAINING ORDERS (90%); JAIL SENTENCING (90%); CRIMINAL OFFENSES (90%); JUSTICE DEPARTMENTS (90%); LAW COURTS & TRIBUNALS (89%); MISDEMEANORS (78%); CRIMINAL ASSAULT & ...
NEW YORK, USA (92%)


5. Newsday (New York), September 15, 2010 Wednesday, ALL EDITIONS, NEWS; Pg. A14, 464 words, A vigil for nurse; Rally targets workplace attacks like last week's; Injured Franklin Hospital nurse to get eye surgery, BY CHAU LAM chau.lam@newsday.com

CORE TERMS: nurse, Franklin, injured, Manopella, assault, hospital officials, Beausejour, Erneta, Oakes, psychiatric, assaulted, colleagues', penalty, shaken, vigil

... EYE DISORDERS & INJURIES (89%); LABOR UNIONS (78%); CRIMINAL ASSAULT & BATTERY (78%); PSYCHIATRIC HOSPITALS (78%); HEALTH CARE (78%); FELONIES (77%); OPHTHALMOLOGY (76%); LAW ENFORCEMENT (76%); EMPLOYMENT (74%); ARRESTS (71%); JAIL ...
NEW YORK, USA (92%)


6. Newsday (New York), September 15, 2010 Wednesday, ALL EDITIONS, NEWS; Pg. A15, 804 words, Pair found guilty; Body-armor magnate convicted of all 17 counts in stock fraud; Co-defendant guilty on 14 counts; both face 25-year sentences, BY ROBERT E. KESSLER robert.kessler@newsday.com

CORE TERMS: Brooks, Hatfield, scheme, prosecutor, personal expenses, inflating, armor, count, fraud, Christopher, Caffarone, DHB, illegally, allegedly, defendant, technique, flag, declined to comment, Body-armor, Sandra, FBI, co-defendant, over-the-top, convicted, siphoning, involving, courtroom, encrusted, sapphires, entitled

... INVESTIGATIONS (90%); JUSTICE DEPARTMENTS (90%); FRAUD & FINANCIAL CRIME (90%); SENTENCING (90%); VEHICLE & BODY ARMOR (90%); CRIMINAL CONVICTIONS (90%); LAW COURTS & TRIBUNALS (90%); LAW ENFORCEMENT (89%); US FEDERAL GOVERNMENT (89%); SPECIAL ...
NEW YORK, USA (79%)


7. Rochester Democrat and Chronicle (New York), September 15, 2010 Wednesday, NEWS, 576 words, Schools, police targeting truancy problem, By, Tiffany Lankes and Jon Hand

CORE TERMS: truancy, school board, police officers, patrol, Intergovernmental Relations, school district's, business owners, DemocratandChronicle, Jacobs, after-school, corner, truant, com

SCHOOL BOARDS (91%); CRIME RATES (90%); CAMPUS SECURITY (90%); SCHOOL SAFETY & ...
... STUDENTS & STUDENT LIFE (90%); SCHOOL DISTRICTS (90%); LAW ENFORCEMENT (90%); CITY LIFE (89%); EDUCATION ADMINISTRATION ( ...
NEW YORK, USA (89%)


8. Rochester Democrat and Chronicle (New York), September 15, 2010 Wednesday, NEWS, 1335 words, Death penalty decisions on horizon, By, Gary Craig

CORE TERMS: death penalty, Gladding, prosecutors, execution, homicide, New York, capital punishment, Genesee, Holder, Dieter, McAdams, convicted, indicted, murder charges, Harrington, Greece, Hochul, Easton, punishment, executed, jury, homicide case, attorney general, Buffalo-based, Argersinger, Rochester, McVeigh, Aston, Eric, DPIC

... MURDER (89%); US FEDERAL GOVERNMENT (89%); ORGANIZED CRIME (78%); WITNESSES (74%); LAWYERS (73%); SHOOTINGS (73%); PUBLIC DEFENDERS (72%); CANNABIS (72%); LAW ENFORCEMENT (72%)
NEW YORK, USA (93%); OKLAHOMA, USA (92%); DISTRICT OF COLUMBIA, ...


9. Rochester Democrat and Chronicle (New York), September 15, 2010 Wednesday, NEWS, 578 words, Schneiderman claims A.G. race, By, Joseph Spector

CORE TERMS: attorney general, Brodsky, Schneiderman, Rice, New York, Monserrate, Dinallo, Coffey, Cuomo, prosecutor, Spitzer, Eric, reporting, candidacy, conceded, upstate, elected, abuses

... REPUBLICAN PARTY (78%); PENSION & RETIREMENT PLANS (76%); CRIMINAL CONVICTIONS (76%); CONSUMER LAW (73%); DOMESTIC OFFENSES (71%); INSURANCE REGULATORY BODIES ( ...
NEW YORK, USA (94%)


10. Rochester Democrat and Chronicle (New York), September 15, 2010 Wednesday, NEWS, 155 words, Man sentenced to 20 years in prison for robbing city bank, By, Gary McLendon

CORE TERMS: convictions, sentenced, convicted, robbery, teller, pack, dye

SENTENCING (93%); ROBBERY (90%); LITIGATION (90%); CRIMINAL CONVICTIONS (90%); JAIL SENTENCING (90%); JUSTICE DEPARTMENTS (88%); PROBATION (88%); BANK ROBBERY (88%); LAW COURTS & TRIBUNALS (71%)
NEW YORK, USA (92%)

Placement: Personal Computer Specialist - Law Library

University of Baltimore Job Opportunities
Office of Human Resources
Personal Computer Specialist
Law Library
Vacancy Number 2011-011UBW
Position Type: Regular exempt position with full benefits package
Opens: 09/10/10 Closes: 09/24/10
Salary: $45,000 to $51,784

NOTE: Offer of employment is contingent upon funding for the position.
Duties

Provides computer support for the Law School's faculty, students, and staff including hardware installation and repair, software installation, and network connections. Maintains existing systems and plans enhancements. Works with faculty and staff to develop solutions for current and future IT needs.

Duties include:
Installs, configures and maintains computer hardware, including personal computers, Macintoshes, laptops, library system terminals and printers in the Law School.

Configures PC's for UB network access.

Installs and maintains software on staff, faculty and student lab computers.

Reconfigures existing software to meet the needs of users.

Provides routine maintenance for computing equipment.

Diagnoses, resolves and follows through on computer and network malfunctions.

Arranges for repairs by vendors and outside repair facilities as needed.

Trains and assists faculty, staff and students in the proper use of the PC and application programs.

Provides computer virus disinfection and document recovery service as needed.

Manages UB network accounts, and corrects network-related problems.

Coordinates with the Office of Technology Services in the planning and development of enhancements to Law School computer and network services.

Researches and evaluates new technologies and resources in instructional technology, and recommends purchase of equipment.

Drafts specifications and identifies vendors for purchase requisitions.

Provides training and assistance to faculty in classroom technology, including interactive whiteboards, display and recording devices.

Converts audio and visual recordings of class sessions to proper formats for faculty use.

Qualifications
Bachelor’s degree and 2 years of experience with PC support in a Windows environment; equivalent education and experience may be considered. Also requires good communication skills. Preferred: degree or coursework in computer studies or information technology, PC support experience in a college or university environment, and experience with AV and classroom technology.

To Apply
Include your Vacancy Number on all correspondence and in your e-mail subject line. Please submit resume and cover letter to hrresume@ubalt.edu or mail to:

Human Resources
Vacancy Number 2011-011UBW
University of Baltimore
1420 N. Charles St.
Baltimore, MD 21201

UB is an Equal Opportunity/Affirmative Action/ADA Compliant Employer & Title IX Institution.

Web: www.ubalt.edu/hr

NBA on Nigeria's Criminal Justice System

Source: Google News Alert Service,September 14, 2010

Interestingly, this is based on Section 236(3) of the Criminal Procedure Law of Lagos introduced by Edict No 14, 1984 of Lagos, a law with a military origin and that is patently at odds with the 1999 Constitution, which provides for the right ... In a detailed 50-page report, AI said Nigerian prisons are filled with people whose human rights are being systematically violated and revealed how at least 65 per cent of Nigeria's inmates have never been convicted of any crime, ...
NIGERIA GENERAL TOPICS, FREE,... - http://www.nigerianbestforum.com/generaltopics/

Governor David Paterson and New York Finance

Source: Google News Alert Service, September 15, 2010.


Carl Paladino Wins Republican Primary for Governor of New York
WGRZ-TV
He was also one of the first New York politicians to oppose the Park51 project, a controversial plan to build a Muslim community center near the site of the ...
See all stories on this topic »

Tea Party favorites win GOP primaries in Delaware, New York
CNN
The New York governor's post has proven hazardous in recent years. Gov. Eliot Spitzer resigned amid a prostitution scandal, and his successor, ...
See all stories related to this topic.

Newcomer Ousts Espada; Monserrate Loses Political Return
New York Times
Pedro Espada Jr., New York's Senate majority leader, after his concession speech Tuesday night in the Bronx. His candidacy was marred by several scandals. ...
See all stories on this topic »

National Law Journal: Selections from Legal Times Afternoon Update September 14, 2010

Source:NLJ.com, September `14, 2010.

Subscription required for online access:

http://www.law.com/jsp/nlj/subscribe.jsp

Cameras, Take 2: Judicial Conference Sets New Experiment With TV Access

"Under pressure from Congress, and responding to technological change, the Judicial Conference today agreed by an "overwhelming" vote to experiment with camera access to civil proceedings at the federal district court level. Under the pilot project, either party to the litigation can veto broadcast access, which could make it a limited experiment. Photographing jurors and witnesses would be barred."

Historians Want Court To Unseal Nixon Testimony

"A group of historians is asking the Washington federal district court to exercise its "inherent supervisory authority" to unseal the 1975 grand jury testimony of former President Richard Nixon."

New York Appellate Criminal Case Originating from the New York Supreme Court NY County

In order to comply with subscription agreements you will need to use your own Westlaw password to view the full text of cases listed below:

September 15, 2010.

1. The PEOPLE of the State of New York, Respondent, v. Pasqual REYES, etc., Defendant-Appellant.
2010 WL 3543220, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J .), rendered December 6, 2007, convicting defendant, after a jury trial, of burglary in the second degree, endangering the welfare of a child and four counts of sexual abuse in the third degree, and sentencing him to an aggregate term. .

New York Law Journal: Featured Columnists September 15, 2010

If you are already an online subscriber to the 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.

http://www.nylj.com

Franchise Law: The Coming of Age

Wednesday, September 15, 2010
By Rupert M. Barkoff

"In his Franchsing column, Rupert M. Barkoff, partner at Kilpatrick , writes that two recent happenings, totally unconnected, have provided a measuring rod for franchise law's development: The first is the recent passing of Alex Konigsberg, while the second relates to the decision handed down by the Supreme Court of Nebraska in State v.Orr."

Preclusive Effects Of Arbitration

Wednesday, September 15, 2010
By Samuel Estreicher and Steven C. Bennett

"The preclusive effect of an arbitration award Samuel Estreicher And Steven C. Bennett of Jones Day discuss the several issues likely to arise in the arbitration context, and case strategies for parties that foresee the need to rely on arbitral awards."

Outside Counsel:


Civil Liability of Rating Agencies: Past Success, Future Danger?

Wednesday, September 15, 2010
By Jonathan S. Sack and Kefira R. Wilderman

"Jonathan S. Sack and Kefira R. Wilderman of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer discuss how the Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws and how rating agencies are unlikely to fare as well in the courts as they previously have."

Real Estate Tremds:

Freshfields Boosts N.Y. Space to Accommodate Growth

Wednesday, September 15, 2010
By Monica Paquette

"International law firm Freshfields Bruckhaus Deringer has signed for more than 108,000 square feet on Lexington Avenue. Also, Century 21 officially announced plans to open its second Manhattan location."

New York Law Journal: Lead Articles September 15, 2010

If you are already an online subscriber to the 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.

http://www.nylj.com

Subscription required for online access

Wednesday, September 15, 2010

Judge's Insulting Remarks Lead Panel to Order New Trial

Arbitrators Confirm Quinn's Fee in Facebook Settlement

Ex-Executives' Convictions Conclude 8-Month Trial

Defense Attempts to Bar U.S. Witness in Terror Case

News In Brief

Firm Leaders Drawn to Forum on Future of Profession

Research Suggests Bias Accounts For Gender Pay Gap at Law Firms

LAW.COM Newswire Highlights September 15, 2010

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European Court Limits Attorney-Client Privilege for In-House Counsel
The National Law Journal

In a blow to multinational businesses and their in-house counsel, the European Court of Justice on Tuesday held that communications between company management and in-house lawyers are not protected from disclosure or discovery in competition law cases or investigations by the European Commission. The court rejected arguments that the laws of other nations have increasingly granted legal privilege protection in the field of competition law.

New System of Ranking Law Firms Draws Mixed Reviews
The National Law Journal

U.S. News & World Report and Best Lawyers have released their inaugural ranking of law firms, but don't expect firms to brag about securing the overall top spot. Unlike U.S. News' law school rankings, which numerically list the top 100 schools, the new project divides law firms into three tiers based on individual practice areas both nationally and in individual cities. The publications determined the rankings through surveys of more than 9,000 clients and nearly as many lawyers.

In-House Salary Survey: 2010 Not the Year of the Little Guy
Corporate Counsel

A sneak peek at ALM's "Law Department Compensation Benchmarking Survey, 2010 Edition" revealed that the middlemen (division GCs) really cleaned up in 2010. Unfortunately, the same cannot be said for their lower-ranking compatriots. All five non-management in-house positions in the survey saw wages drop this year, with the "attorney" position taking the biggest hit. The median salary for that position dropped from $117,500 in 2009 to $111,200 this year, for an adjusted trend of minus 7.5 percent.

Judge's Ridicule of Attorney Prompts Panel to Order New Trial
New York Law Journal

A New York judge ridiculed a defense attorney and criticized his arguments in front of a jury by using loaded words such as "clown," "silly," "outrageous" and "comedy," prompting a unanimous appeals panel Tuesday to overturn a robbery conviction and to direct that on remand the case be tried before a different judge. The panel found that Acting Supreme Court Justice Robert A. Neary's "pervasive denigration of defendant's counsel, in front of the jury, deprived the defendant of a fair trial."

Judicial Conference Sets New Experiment With TV Access
The National Law Journal

Under pressure from Congress, and responding to technological change, the Judicial Conference agreed Tuesday by an "overwhelming" vote to experiment with camera access to civil proceedings at the federal district court level. The plan is essentially a reprise of a similar test authorized nearly 20 years ago. Though the experiment was generally viewed as a success, the conference pulled the plug in the wake of the raucous 1995 O.J. Simpson trial, which still haunts the debate over cameras in the courts.

Arbitrators Confirm Quinn Emanuel's Fee in Facebook Settlement
New York Law Journal

Quinn Emanuel has claimed success in an arbitration against its former clients, the founders of website ConnectU, which the firm represented in a suit against former Harvard classmate and Facebook founder Mark Zuckerberg for allegedly stealing the idea for the networking site. While the settlement was confidential, Quinn Emanuel at one point inadvertently disclosed that the value was $65 million. In the arbitration, the firm sought a 20 percent contingency fee it valued at $13 million.

Scalia Gives Big Tobacco $270 Million Reprieve
The Associated Press

Supreme Court Justice Antonin Scalia has temporarily blocked a state court order requiring tobacco companies to pay $270 million for a smoking cessation program in Louisiana. Scalia granted a request from the companies on Tuesday, but said he would reconsider his order later this month after hearing from plaintiffs who won a class action lawsuit against the cigarette makers.

Departures From Billing Standards Lead to Loss of $424,000 in Fees
New Jersey Law Journal

Law firms are free to use block billing and measure their time in quarter-hour increments, but those practices can come back to bite them when they apply for fees in federal court. Citing 3rd Circuit precedent that a party block-bills "at his own peril," a New Jersey federal judge has slashed $424,332 from a $2.9 million fee request because the methods could have led to or obscured overbilling. The judge said she saw nothing amiss about the firm's bills but said its methods made it hard to pin down the time spent per task.

$35 Million More in Interim Fees Awarded in Madoff Case
New York Law Journal

Trustee Irving Picard and the team of lawyers liquidating Bernard Madoff's investment firm have been awarded another $34.6 million in interim counsel fees. On Tuesday, Southern District of New York Bankruptcy Judge Burton Lifland approved some $601,000 in fees to Picard and $34 million in fees to Baker & Hostetler for Feb. 1 through May 31. To date, the judge has awarded Picard and his attorneys nearly $97 million in fees.

Disbarred Attorney Gets Nearly 11 Years for Role in Ponzi Scheme
The Associated Press

A judge has sentenced a disbarred attorney to nearly 11 years in prison for money laundering conspiracy in the $3.7 billion Ponzi scheme allegedly run by Minnesota businessman Tom Petters. Larry Reynolds had faced up to 20 years, but U.S. District Judge Richard Kyle sentenced him Tuesday to 10 years and 10 months. Kyle showed him some leniency for pleading guilty and testifying against Petters.

Citigroup: No 'Villain' in $75 Million SEC Subprime Settlement
The American Lawyer

There's a reason why the Securities and Exchange Commission didn't name any Citigroup executives in its settled complaint over disclosures the company made about its subprime exposure: Nobody intentionally misled shareholders. That's the heart of the argument that Citigroup made in a brief filed Monday supporting a $75 million settlement with the SEC. Last month, a D.C. federal judge postponed approval of the deal, citing her concern that no Citi executive was named in the settled complaint.

TB Patient Tries to Revive Privacy Lawsuit Against Centers for Disease Control
Fulton County Daily Report

A lawyer for Andrew H. Speaker, who made headlines in 2007 when he took a trans-Atlantic commercial flight while infected with a rare strain of tuberculosis, appeared Tuesday before an 11th Circuit panel in a bid to revive his lawsuit against the Centers for Disease Control and Prevention. At issue is whether the complaint in the lawsuit contained sufficiently specific allegations in light of a pair of U.S. Supreme Court cases that toughened standards for what must be alleged in order for a case to go forward.

Blagojevich Asks Judge to Nullify Conviction
The Associated Press

Former Illinois Gov. Rod Blagojevich has asked a judge to nullify the lone conviction in his mostly deadlocked corruption trial, saying the jury's decision was underpinned by errors at trial and prosecutor misconduct. Defense attorneys filed a motion saying the trial judge should override the verdict and acquit Blagojevich of lying to the FBI or set it aside and try him again on that charge. If the judge refuses to toss the conviction, multiple arguments in the filing could lay the groundwork for appeal to a higher court.

Is a Website's Look and Feel Protected?
New York Law Journal

Trade dress protection guards a product image and the impression it creates among consumers to distinguish competing products. Does this protection extend to websites? Attorneys Richard Raysman and Peter Brown discuss recent decisions that deal with infringing a website's "look and feel."
Visit Legal Technology

Law Schools Flamed in Growing Number of Graduates' 'Scam Blogs'
The Connecticut Law Tribune

At a time when hundreds of associates have been laid off and scores of graduates remain jobless, there's a growing movement online to diss the law school experience. Several dozen blogs have gained notoriety for revealing what is often characterized as the "law school scam."
Visit lawjobs.com News & Views

The Careerist: Maybe a Girl's Got To Be Manipulative
The Careerist

Check out some of the latest posts on the lawjobs.com blog, The Careerist. Maybe a Girl's Got To Be Manipulative: What Joan and Peggy of "Mad Men" Can Teach Us Plus Are Flex/Part-Time Options Holding Women Back? Also The Secret of Success: Be Cool, Be Popular -- Not!
Visit The Careerist

A Year Later, Law Firm Startups Find Solid Ground
The Recorder

For several attorneys who left large firms a year ago to start small firms, setting out in the worst recession since the 1930s hasn't made for an easy voyage, but the worst seems to be behind them. Along the way they've learned that marketing is never optional, that their practice can take them in unplanned directions and that worry about the next piece of work is a constant companion and motivator. In fact, being busy can be a double-edged sword because of the pressure to make time for client development.

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Tuesday, September 14, 2010

Conference: ABA Fifth Annual Institute on Securities Fraud

The American Bar Association

Presents

The Fifth Annual National Institute on Securities Fraud

October 7-8, 2010

The Westin New Orleans Canal Place | New Orleans

Securities regulation and enforcement in the aftermath of the global financial crisis continues to cause uncertainty. SEC and DOJ collaboration has increased, with both agencies pursuing aggressive legal theories. Congress has passed the most sweeping changes to the federal securities laws since they were enacted in the 1930s. And state attorney generals continue to assert a significant role in enforcing state securities laws. Are you ready for this?

Join us to prepare to handle this confluence of events raising with significant questions for industry participants and publicly traded companies learn a forward-looking and flexible approach to avoiding missteps.

The 2010 program will squarely address the issues and trends that are shaping the direction of securities regulation and enforcement for decades to come, including the status and potential impact of financial reform legislation, the enforcement trends suggested by recent cases, and the priorities of top enforcers. The program will provide valuable strategic and tactical insights to navigate this ever-changing terrain, from the perspective of thought leaders of every persuasion, including judges, prosecutors, regulators, compliance officers, and defense counsel.

The Securities Fraud National Institute Planning Committee, in cooperation with the Criminal Justice Section White Collar Crime Committee and the Business Law Section, will provide an educational and professional forum to discuss the legal and ethical issues that arise in securities fraud matters.

Featured Speakers:

The Honorable Jed S. Rakoff - U.S. District Court Judge Southern District of New York

Lanny A. Breuer - Assistant Attorney General Criminal Division U.S. Department of Justice

Robert L. Khuzami – Director, Division of Enforcement U.S. Securities and Exchange Commission

CLICK for Registration Information: http://www.abanet.org/cle/programs/securitiesfraud/

CLICK for Conference Brochure: http://www.abanet.org/cle/programs/n10sfr1.pdf

New York Supreme Court Criminal Term Library - Powered By Bloglines

New York Supreme Court Criminal Term Library - Powered By Bloglines: "New York Appellate Criminal Cases Originating from New York County

By PLL
In order to comply with subscription agreements you will need to use your own Westlaw password to view cases listed below:

People v. Stanley
2009 WL 5125331, 2009 N.Y. Slip Op. 09721(N.Y.A.D. 1 Dept. Dec 29, 2009) (NO. 1906, 798/97)

Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Sheryl Feldman of counsel), for respondent. Andrias, J.P., Friedman, Acosta, DeGrasse, ..."