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California - California Supreme Court finds "no harm no foul" resulting from office video surveillance

Porter Wright Morris & Arthur LLP Concerned that someone had been using a computer in the plaintiffs? office to access pornography after work hours, a California employer set up a hidden surveillance camera in an effort to catch the perpetrator.

1st Circuit Revives Whistleblower's Kickbacks Case Against J&J Subsidiary -- Over DOJ's Objections

The American Lawyer

Lawyers for Michael Duxbury, a former regional sales manager for the blockbuster anemia drug Procrit, estimate that his False Claims Act case against a Johnson & Johnson subsidiary is worth at least $3 billion. What they can't understand is why the federal government seems to want no part of Duxbury's allegations that Ortho Biotech induced medical centers to file false claims for Medicare reimbursement by providing free samples of Procrit.

Split Supreme Court Orders Review of Death Row Inmate's Claims That Witnesses Recanted Testimony

Fulton County Daily Report

The case of Troy Anthony Davis took another extraordinary turn Monday as the U.S. Supreme Court ordered a federal district judge to hear testimony on the death row inmate's claims that he did not murder a Georgia police officer. Justice Antonin Scalia said in a dissent that the high court hadn't made a similar move in nearly 50 years. Appended to the order was a spirited exchange between Scalia and Justice John Paul Stevens, whose concurrence was written to respond to Scalia's critique of the Court's decision.

High Court Cert Petition Argues Judges Should Decide Patent Validity

The American Lawyer

A petition for certiorari filed last week at the U.S. Supreme Court ought to get the IP bar buzzing. It challenges an aspect of patent litigation that's become almost automatic: trial before a lay jury. Urging the Court to expand judicial power in the interests of economic policy, Fried, Frank, Harris, Shriver & Jacobson partner James Dabney, who represents the petitioner, argues that an alleged infringer should have the right to independent judicial review on the question of a patent's obviousness.

Attorneys Convicted Over Diet-Drug Settlement Sentenced to Jail, Ordered to Pay $127 Million

The Associated Press

Two former attorneys have been sentenced to decades in federal prison and ordered to pay $127 million in restitution for defrauding hundreds of clients in a diet-drug settlement. A federal judge on Monday also ordered William Gallion and Shirley Cunningham Jr. each to pay another $30 million forfeiture to the government. The men were convicted of scamming more than 400 clients out of $94.6 million while representing them in a case involving a $200 million settlement involving the diet drug fen-phen.

Quinn Emanuel Slams Cuomo's 'Unwarranted' ARS Suit Against Charles Schwab

The American Lawyer

When faced with allegations of manipulations of the auction-rate securities market by New York's attorney general, most firms have decided to settle up and keep quiet. Not Charles Schwab. Last month, in anticipation of the fraud suit that AG Andrew Cuomo filed on Monday, Schwab's outside counsel sent a letter to David Markowitz, who heads the Investor Protection Bureau at Cuomo's office. The letter, which responds to an earlier report that a suit was coming, was made public Monday by Schwab. It makes for juicy reading.

With Confirmation Stalled, DOJ Nominee to Teach Seminar on Sexuality and Law

The National Law Journal

Dawn Johnsen is making a tentative return to the classroom after seven months of waiting for the Senate to confirm her as head of the Office of Legal Counsel, one of the most politically sensitive posts in the Justice Department. Johnsen will teach a seminar this fall at Indiana University's Maurer School of Law while she continues to wait for confirmation. The seminar will focus on sexuality and the law, so it will likely touch on one of the same topics -- abortion -- that has led Republicans to filibuster Johnsen.

Calif. Supreme Court Broadens Single-Publication Rule

The Recorder

In a limited victory for publishers, the California Supreme Court ruled Monday that the state's single-publication rule applies to the tort of appropriation of likeness. The ruling came in the case of a model who said Nestle USA used his face -- without his knowledge -- to sell Taster's Choice instant coffee for years. The model had won $15.6 million at trial, but the Supreme Court sent the case back to determine whether his claim is barred by the statute of limitations.

Argument Time Expanded for High Court Campaign Finance Case

The National Law Journal

The Supreme Court has agreed to expand the time allotted for the much-anticipated argument Sept. 9 in Citizens United v. FEC. In addition to 30 minutes for former Solicitor General Theodore Olson on behalf of Citizens United and 30 minutes for Solicitor General Elena Kagan for the FEC, 10 minutes will go to Seth Waxman to argue for the sponsors of the McCain-Feingold campaign finance law and 10 minutes to famed First Amendment lawyer Floyd Abrams to represent Sen. Mitch McConnell in support of Citizens United.

Debtors File Class Action Alleging Attorneys Conspired to Defraud

Texas Lawyer

A federal class action alleges that lawyers in Texas and California conspired to defraud debtors by "masquerading as attorney referral services, unregulated debt negotiators and exempt attorneys." The plaintiffs allege that the defendants run a nationwide operation "promoted by television and internet advertising" to defraud individuals who are "drowning in credit card and unsecured debt."

Former Stanford Adviser Says SEC Was Warned About Bad Certificates of Deposit

The Associated Press

A former financial adviser in R. Allen Stanford's financial company told a U.S. Senate panel on Monday that the Securities and Exchange Commission was warned about the firm's hawking of shady investments five years before it closed the firm and accused the Texas billionaire of running a Ponzi scheme. Leyla Wydler, hired by Stanford in 2000, said she was fired two years later -- after resisting managers' pressure to sell certificates of deposit offered by Stanford's bank in Antigua, Stanford International Bank.

Calif. Users File Civil Suit Against Facebook Over Privacy Issues

The Associated Press

Five Facebook users filed a civil lawsuit Monday alleging that the social networking site is violating California's privacy laws and misleading members about how their personal information is used. Privacy concerns have been a thorny issue for Facebook, which has more than 200 million users. The company announced earlier this year it was tweaking its privacy controls and giving users a hand in determining various policies after tens of thousands of members criticized the control of information they share on the site.

Doctors, Patients and Social Networks

Medical Malpractice Law & Strategy

Social networking sites like Facebook can be an asset to the medical community. But if you are going to use them some simple rules might be helpful, both professionally and legally, to protect patient confidentiality, says Harvard Law School trial advocacy instructor Linda S. Crawford.

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For Litigators, a Different Kind of Recession

The National Law Journal

A year ago, as the economy began its freefall, corporate law departments were preparing for an all-out assault by plaintiffs. But the early numbers for this recession are showing something quite different. Susan Hackett, GC for the Association of Corporate Counsel, said companies are "looking to apply the least expensive Band-Aid" to their legal problems. "They can't afford litigation. There's a real sense of, 'Make this go away quickly and quietly,'" Hackett said.

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Four Tips for Reluctant Networkers

The Legal Intelligencer

Consultant Debra L. Bruce says that when she is contacted by laid-off lawyers who are looking for help in augmenting their job search efforts, or attorneys whose business has dropped off, one of her first questions is about what kind of networking they do. The frequent response is that they haven't done much networking because they aren't comfortable with it. For reluctant networkers, Bruce provides four tips to make the essential activity of networking more enjoyable -- or at least less painful.

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