Category: Law
Posted by markus 4 hours ago (http://www.law.com)
Hewlett-Packard's legal team will have a hard time persuading a judge to stop former CEO Mark Hurd from becoming president of Oracle Corp., employment law experts say. HP sued Hurd on Tuesday, claiming that he violated a confidentiality provision of his severance agreement by accepting the post at Oracle. Without explicitly saying so, HP's complaint relies on the doctrine of inevitable disclosure Read More »
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Category: Law
Posted by markus 17 hours ago (http://www.law.com)
JD Supra, a legal content syndicator, added a Legal Updates application to LinkedIn, reports attorney Ari Kaplan. The new application gives LinkedIn users access to lawyer-written articles and lends JD Supra's premium members a new channel to expose their expertise to potential clients. Read More »
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Category: Law
Posted by markus 1 day 4 hours ago (http://www.law.com)
A federal suit has been filed under Florida's Deceptive and Unfair Trade Practices Act stating that Vitaminwater claims by Coca-Cola and a subsidiary are bunk. "Vitaminwater has been marketed as a 'nutrient-enhanced water beverage' that proclaims 'vitamins+water=all you need,'" the 15-page complaint reads. "In truth, Vitaminwater contains 33 grams of sugar." The lawsuit, which claims that Vitamin Read More »
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Category: Law
Posted by markus 2 days ago (http://www.law.com)
When she was up for confirmation, Supreme Court Justice Elena Kaganprovided the Senate with a list of 11 pending cases in which she wouldrecuse because of her participation as solicitor general. In a routineorder list issued Friday, Kagan indicated she was not participating inan additional case -- the vaccine liability case of Bruesewitz v.Wyeth, set for argument Oct. 12. But the government's bri Read More »
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Category: Law
Posted by markus 2 days ago (http://www.law.com)
In a ruling that could have a significant impact on proceedingsinvolving failed banks, the Federal Deposit Insurance Corp. has beenrebuffed in its attempt to assert a $905 million priority claim againstthe holding company of the failed Colonial Bank. A federal bankruptcyjudge in Alabama has ruled that the bank's bankrupt holding company,Colonial Bancgroup, could not be held liable for the shortfa Read More »
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Category: Law
Posted by markus 3 days ago (http://www.law.com)
Claiming breach of contract and other charges, five former partners from the defunct Boca Raton, Fla., office of Hodgson Russ are suing top partners of the Buffalo, N.Y.-based law firm. The former Boca Raton partners insist they were blindsided by the firm's decision last year to close the office, which they claim violated their rights under the firm's partnership agreement. The shutdown came in Read More »
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Category: Law
Posted by markus 4 days ago (http://www.law.com)
The Bureau of Labor Statistics' monthly employment report for August was released Friday and the news was still a bit glum overall -- the U.S. economy lost a total of 54,000 jobs. But the news for lawyers and legal industry employees was a bit brighter. The legal sector handed out 1,000 jobs last month, marking the second straight month of improved numbers for the industry. The country's overall Read More »
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Category: Law
Posted by markus 4 days ago (http://www.law.com)
The Federal Deposit Insurance Corp.'s new power to take over and liquidate nonbank companies whose failure would jeopardize the financial system is intended as a "third way" between bankruptcy and bailout. But the prospect of a new regime for dissolving megacompanies -- one with almost no judicial oversight and in which creditors' rights are few -- is sending shockwaves through the bankruptcy bar Read More »
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Category: Law
Posted by markus 5 days ago (http://www.law.com)
A court battle over rights to the names of two 1950s doo-wop groups has sparked an appeal that could have far-reaching effects in civil rights litigation. The 3rd Circuit has granted en banc rehearing to decide the proper test to determine a plaintiff's entitlement to attorney fees as the "prevailing party." The underlying battle started when New Jersey officials threatened to take action against Read More »
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Category: Law
Posted by markus 6 days ago (http://www.law.com)
Allergan has agreed to pay $600 million in criminal and civil penalties and plead guilty to one misdemeanor count of "misbranding" its drug Botox as part of a global settlement with the federal government over off-label uses of the drug. As part of the plea deal, Allergan agreed to drop its First Amendment legal action against the government, which critics said threatened the entire federal regul Read More »
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Category: Law
Posted by markus 6 days ago (http://www.law.com)
Many people would consider Am Law 200 midlevel associates to be extremely fortunate. While thousands of their colleagues lost jobs, these young lawyers are gainfully employed with salaries in the six figures. In many ways, once their student loans are paid off, midlevel associates' prospects seem bright. But that's not how they see it. Maybe it's the post-traumatic stress syndrome from watching s Read More »
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Category: Law
Posted by markus 7 days ago (http://www.law.com)
Restoring 1,000 hormone replacement therapy mass tort cases to the Philadelphia Common Pleas Court's caseload, the Pennsylvania Superior Court ruled it is a question of fact, not of law, whether the plaintiffs could have known at the time of their diagnoses with breast cancer that alleged cause of their cancer was their HRT prescriptions. The court said jurors, not judges, must decide if the plai Read More »
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Category: Law
Posted by markus 7 days ago (http://www.law.com)
The contentious divorce trial of Frank and Jamie McCourt opened Monday with lawyers for each side accusing the other of engaging in bad faith. Control of the Los Angeles Dodgers could rest on the outcome. Jamie McCourt is attempting to invalidate the marital property agreement the couple signed in 2004, one year after they purchased the National League franchise. At trial, her lawyer contended th Read More »
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Category: Law
Posted by markus 8 days ago (http://www.law.com)
Four months after Hurricane Katrina hit, 5,352 attorneys had offices in New Orleans. Since then, that number has dropped by 19 percent, to 4,342, as attorneys moved elsewhere to make a living. Even so, membership in the New Orleans Bar Association now surpasses its pre-Katrina levels, if only slightly, said Executive Director Helena Henderson. She's encouraged by the bar association's numbers, bu Read More »
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Category: Law
Posted by markus 9 days ago (http://www.law.com)
The Federal Communications Commission is seeking an en banc rehearing in the "fleeting expletives" case. In July, a three-judge 2nd Circuit panel ruled that an FCC policy fining broadcasters for airing certain expletives was unconstitutionally vague. Now, the FCC wants the entire circuit court to hear its case, arguing in a petition that a rehearing is needed to "maintain uniformity of the court' Read More »
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Category: Law
Posted by markus 9 days ago (http://www.law.com)
The Federal Circuit on Friday upheld lower court findings that reject a causal connection between childhood vaccines and the onset of autism. The ruling came in the first of a series of test cases heard by special masters for the U.S. Court of Federal Claims in 2007. The claims court picked several such cases to test different theories of causation advanced in the roughly 5,000 cases alleging a l Read More »
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