Legal Research

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Second Circuit Review
Wednesday, January 27, 2010
By Martin Flumenbaum and Brad S. Karp

"Martin Flumenbaum and Brad S. Karp, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss Kiobel v. Royal Dutch Petroleum Co., in which the Second Circuit earlier this month reversed a district court's affirmance of a magistrate judge's Rule 11 order sanctioning attorneys for making allegedly baseless statements in a court filing. In a brief decision, the panel ruled that an attorney has not made a baseless statement if any reasonable inference can be drawn from record evidence to support the statement, and that an unintentional overstatement, lacking in material impact, cannot constitute a breach of Rule 11."

Patent and Trademark Law
Wednesday, January 27, 2010
By Robert C. Scheinfeld and Parker H. Bagley

"Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write: Two hundred and forty million dollars. That's how much was awarded against Microsoft and to the plaintiff in i4i Limited Partnership and Infrastructure for Information Inc. v. Microsoft Corp. at the district court level, and recently affirmed on appeal by the Federal Circuit. The award included $40 million in enhanced damages and an injunction regarding future sales effective Jan. 11, 2010. How many hurdles did i4i need to jump to get there? Many, as this case review reveals."

OUTSIDE COUNSEL:

 Settlements and Subsequent Legal Malpractice
Wednesday, January 27, 2010
By Andrew Lavoott Bluestone

" Andrew Lavoott Bluestone, a sole practitioner, writes that recently, one Appellate Division case and two Supreme Court cases have challenged the "effectively compelled" principle - that legal malpractice claims are viable even after a settlement in the underlying action if that settlement was effectively compelled by counsel's mistakes - and in effect, turned it on its head."

REAL ESTATE TRENDS:

 Numerous Statutes Outline Street Demapping Standards
Wednesday, January 27, 2010
By Anthony S. Guardino

"Anthony S. Guardino, a partner at Farrell Fritz, writes that the reasons for discontinuing unimproved "paper streets" contained on a subdivision map - or 'demapping' - can be quite varied, ranging from urban renewal and construction or property development to public safety."