Legal Research

If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service

Supreme Court Extends Stay That Blocked Broadcast of Proposition 8 Trial

The National Law Journal

By a 5-4 vote, the Supreme Court on Wednesday extended a temporary stay it granted on Monday and halted plans to transmit the video and audio of the high-profile federal trial on California's ban on same-sex marriage to other courthouses around the country. The ruling effectively means that the San Francisco trial is likely to end before any further consideration of the courthouse dissemination plan -- or any wider broadcast by posting the trial video on the Internet -- can take place.

2nd Circuit Reinstates Antitrust Claim Against Online Music Providers

New York Law Journal

An antitrust suit alleging price fixing by Sony BMG Music Entertainment and other producers, licensors and distributors of music on the Internet has been reinstated by a federal appeals court. The 2nd Circuit on Wednesday said the pleadings of music purchasers were sufficient for plaintiffs to pursue their Sherman Act claim against companies who control more than 80 percent of music sold as digital files.

High Court Justices Wary of Granting NFL Antitrust Immunity

The National Law Journal

After Supreme Court arguments in the titanic battle over the antitrust status of the National Football League, it did not seem the NFL would have an easy touchdown in its long quest for baseball-like immunity from antitrust laws. It's been spotlighted as potentially the biggest sports case in decades, because it may impact other leagues and other businesses that can be viewed either as a single entity or a "joint venture." But the justices seemed reluctant to use it as a vehicle for major change in antitrust doctrine.

7th Circuit Blasts Lawyer in 'Mortal Combat' Fee Dispute With Ex-Partners

The National Law Journal

Illinois lawyer Rex Carr's drive to squeeze $20 million out of his former law firm partners in a fee dispute slammed into a major barrier this week. The 7th Circuit upheld a district court's dismissal of the case and also overturned that court's rejection of sanctions against Carr and his son. The 7th Circuit opinion, written by Judge Richard Posner, called the litigation groundless and gave a roadmap for ending what Posner described as Carr's "mortal combat" against his ex-partners.

Ex-Debevoise Client Raises Nasty Counterclaims in Unpaid Bills Case

The American Lawyer

Candlewood Timber Group, a former client of Debevoise & Plimpton now being sued by the firm for $6 million in unpaid legal bills, filed an answer and counterclaims against Debevoise on Wednesday, seeking damages of $55 million. Candlewood asserts that Debevoise made critical errors, missed major points and billed excessively for the work of inexperienced lawyers during a breach-of-contract case, and that the firm's deficiencies forced the company to accept less in a settlement than it should have.

2nd Circuit Judges Challenge FCC Policy on Penalizing 'Fleeting Expletives' on TV

New York Law Journal

A 2nd Circuit panel appeared ready and eager Wednesday to overturn as a First Amendment violation the FCC rule banning even the one-time utterance of "fleeting expletives" on the airwaves. Judges Rosemary S. Pooler, Pierre N. Leval and Peter W. Hall went after FCC lawyer Jacob Lewis hard, attacking the commission's policy as vague and chilling to free speech. At issue was the FCC's authority to fine Fox Television for curses uttered by celebrities Cher and Nicole Richie during live award shows in 2002 and 2003.

Ex-GC Based Discrimination Suit on Confidential Data, Employer Says

New York Law Journal

A former in-house counsel who claims he was fired because his supervisor had "a discriminatory animus toward Jewish people" must respond to allegations in a counterclaim from his former employer that he improperly disclosed confidential information in his court complaint, a New York appellate court ruled Tuesday. In a unanimous opinion, the panel concluded that the lawyer's obligation to the Loews Corp. was not overridden by the fact that he was an "at will" employee.

3rd Circuit Revives Suit, Opening Door to DNA Evidence

The Legal Intelligencer

A man who was sentenced to 75 years in prison for three rapes he claims he did not commit has won an important victory in the 3rd Circuit in his battle for access to DNA evidence that he says will prove his innocence. A unanimous three-judge panel ordered new hearings on the issue of whether Pennsylvania's rules on DNA testing can have unfair results by barring access to DNA evidence whenever a defendant has confessed to the crime. The decision comes as the law on DNA testing is in flux, nationally and in Pennsylvania.

Geithner's AIG E-Mails, Phone Logs Subpoenaed by House Panel

Corporate Counsel

Congress on Wednesday released details of the subpoena it served on the Federal Reserve Bank of New York, seeking "all documents" relating to payments that American International Group made to other financial institutions from federal bailout funds. The subpoena specifically asks for e-mails, phone logs and meeting notes of then-New York Fed president Timothy Geithner; former board Chairman Stephen Friedman; GC Thomas Baxter Jr.; and banking supervisor Sarah Dahlgren.

DOJ Sues Tennessee Man Over Bogus Tax Suits

The National Law Journal

The Justice Department is suing a Tennessee man for allegedly promoting a nationwide scheme of frivolous, pre-packaged suits against the federal government that seek damages for individuals who owe thousands to millions of dollars in income tax. The suit claims the alleged mastermind of the scheme, George K. Pragovich, helped customers from at least 35 states file more than 200 suits in federal district court in Washington, D.C. The Justice Department is seeking an injunction against Pragovich.

Federal Circuit: Delays Can't Excuse Government's Failure to Dispose of Nuclear Waste

The National Law Journal

The Federal Circuit on Tuesday rejected the federal government's argument that it could use "unavoidable delay" as a defense in the long-running, multibillion-dollar litigation over its failure to pick up spent fuel from nuclear utilities. The en banc court, in an 11-1 ruling, held that the D.C. Circuit did not lack jurisdiction in 1997 when it issued an order barring the Department of Energy from excusing its delay on grounds that it had not yet prepared a permanent repository or an interim storage facility.

Rothstein Waives Objection to Conflicts, Describes Anti-Depressant Use

Daily Business Review

Accused Ponzi schemer Scott Rothstein told a federal judge on Wednesday that he waives any objections to conflicts that might arise by having former law partner Marc Nurik represent him. Nurik resigned from Rothstein Rosenfeldt Adler in October to represent Rothstein as Rothstein's scheme, and the law firm, imploded. After being put under oath, Rothstein volunteered that he has been taking the anti-depressant Zoloft for an anxiety disorder since he was charged in the alleged fraud.

ConnectU Sued for Slice of $65M Facebook Deal

The National Law Journal

A Boston developer of peer-to-peer file-sharing software and his company are suing the now-defunct social media site ConnectU, its founders, its law firm, and a partner at the firm, for allegedly cutting him out of Facebook's $65 million settlement with ConnectU's founders.

Visit Legal Technology

Judge Heaps E-Discovery Costs on Plaintiff

Fulton County Daily Report

In what may signal a sea change in how legal costs are apportioned after trial, a Georgia federal judge has ordered the losing company in a patent infringement action to pay its opponents more than $268,000 for the services of a computer consultant hired to fulfill broad discovery demands.

Visit Legal Technology

Big Law's Decade of Technology

Fulton County Daily Report

What have the technological advances of the past decade done to change Big Law? And what does the future hold? The Snark reminisces about how e-mail and the Internet, now so mundane, have changed life for lawyers. For example, working long hours and out-of-town trips are no longer excuses for missing family time. Now you can Skype your kids and help them with their homework! And what does the future hold? Can we look forward to video headshots on Big Law Web sites, complete with custom background music?

Visit the Career Center

120 Broadway, 5th Floor, New York, NY 10271-1101 (877) 256-CIRC

Customer Service Phone: (877) 256-CIRC