Legal Research

Selections from National Law Journal Daily Headlines April 27, 2009

By David Badertscher, PLL

Source: NLJ.com, April 27, 2008

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Foreign affairs
"U.S. white-collar and securities defense lawyers are increasingly taking their shows on the road, defending and advising overseas clients as both the U.S. Securities and Exchange Commission and the U.S. Department of Justice adopt a more global prosecution approach."

Lawyers challenge limits of 2005 bankruptcy act
"As the economy tanks and bankruptcy filings soar, bankruptcy lawyers challenging a 2005 law's restrictions on how they can assist debtors contend that there is an urgent need for guidance from the nation's highest court."

Midsize, Midwest firms steady in storm
Midsize firms in the Midwest are hiring lawyers, opening offices and bringing on new associates this fall as they fare better than many larger urban rivals in the face of the recession."

 
BANKRUPTCY  |  Delaware, New York courts retain popularity
"Lawyers are flocking to the bankruptcy courts in Delaware and New York even more than in the past, often leaving hometown venues behind in favor of more predictable and business-friendly handling of cases on the East Coast."

LAW FIRMS  |  The new associate mantra: Keep quiet
"With law firms unloading scores of attorneys amid the economic downturn, associates are finding that the balance of power has shifted away from them and into the hands of law firm managers. Gone are the days when firms had to pile on the perks to keep associates from jumping ship. With few ships for associates to jump to these days, young attorneys are increasingly reluctant to raise any issue that might put an unwanted target on their backs."

WEB-ONLY  |  Judge tosses two class actions against Dole
"A Los Angeles judge has thrown out two class actions against Dole Food Co. after finding that the plaintiffs and their lawyers committed fraud in bringing the claims, which alleged that dozens of banana workers in Nicaragua were rendered sterile after being exposed to a certain pesticide called DBCP, according to a lawyer representing Dole. "

SELECTED COLUMNS:

SECURITIES CLASS ACTIONS  |  Recent Developments
"In 2008, litigators and courts witnessed a dramatic resurgence in securities litigation filings. As problems in the credit markets spilled over into the broader economy, plaintiffs made their way to court with a frequency not seen since 2002. This increase in activity presented courts with an opportunity to reshape securities law jurisprudence in several different areas. Recent developments in class certification and removal under CAFA could influence how securities cases are litigated in 2009 and beyond."

APPELLATE LAW  |  Home Circuit Rule
"In diversity cases that raise state law issues of first impression, federal appellate courts must try to predict how the state's highest court would rule on the issue. When a federal circuit has done just that â?? ruled on a novel issue of law from a state within its jurisdiction â?? should other federal circuits simply defer to its decision as the "home circuit" for that state, or should they make their own Erie determination?"

Full post as published by New York Supreme Court Criminal Term Library on April 28, 2009 (boomark / email).