Thursday, September 16, 2010

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.
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New York Law Journal: Lead Articles September 16, 2010

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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

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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
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Tea Party favorites win GOP primaries in Delaware, New York
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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. ...
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