Archive for ""

Dallas Attorney Mark D. Smith of Ramirez Law Firm

Thursday, July 8th, 2010
Source: Profiles In Law Dallas Immigration, Real Estate & International Attorney, Mark D. Smith Member at the Dallas Law Firm, Ramirez & Associates, P.C. Areas of Practice Commercial Litigation Corporate Litigation Sales and Distribution Eminent Domain Trusts and Estates Family Law Related Litigation Admitted Texas (1990) U.S. District Court (1990) Northern District of Texas (1990) Law School Southern Methodist [...] Read the rest of the...

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Tallahassee Personal Injury Attorney

Thursday, July 8th, 2010
Source: Profiles In Law It is a common misconception that a  personal injury lawsuit involves only physical damage resulting from an accident.  The truth is that personal injury litigation is a broad field, including anything from traffic accidents to product liability.  Slander used to destroy your reputation can be as debilitating as the physical harm caused by medical malpractice. [...] Read the rest of the...

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Real Estate Lawyer in Palo Alto – Heather Ledgerwood

Thursday, July 8th, 2010
Source: Profiles In Law Contracts, Closings, Landlord & Tenant Law Heather Ledgerwood is an Associate at Jon R. Parsons Law Firm, who practices employment law, real estate law including wrongful evictions, corporate and LLC formations, civil litigation, wills and trusts, and special education law.  She received her Bachelor of Arts degree in Psychology, with a minor in Japanese Studies, [...] Read the rest of the...

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5th Circuit Judges in Drilling Moratorium Case Have Oil Ties, Report Says

Thursday, July 8th, 2010
Source: Law.com - Newswire The Obama administration's appeal of a decision blocking a six-month moratorium on deepwater drilling in the Gulf of Mexico comes before the 5th Circuit today. Just in time for the hearing, the Alliance for Justice has issued a report highlighting the past work and present investments of 5th Circuit judges. Among its findings: Two judges on the panel repeatedly represented the oil and gas industries while in private practice. Read the rest of the...

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Law Firm Mergers in Second Quarter Hit Double Digits — if Just Barely

Thursday, July 8th, 2010
Source: Law.com - Newswire Law firm merger activity, moribund since early 2009, is showing signs of a resurgence, says legal consulting firm Hildebrandt Baker Robbins in its latest MergerWatch report. After four quarters of decline, the number of mergers involving U.S.-based firms reached 10 in the second quarter of this year. "We are seeing significant interest in combinations, including a dramatic increase in cross-border transactions," says Lisa Smith, head of Hildebrandt's law firm strategy and merger practice. Read the rest of the...

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Judicial Screening Committees See an Upsurge

Thursday, July 8th, 2010
Source: Law.com - Newswire U.S. senators are increasingly setting up committees in their home states to evaluate potential federal judges, yet little is known about how those panels operate, according to a new report. Released by two nonprofits, the report is an attempt at filling an information vacuum. It compiles reasons why senators appoint the committees, looks at variations among the committees nationwide and lays out some of the options senators have in setting up the screening process. Read the rest of the...

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Citing 10th Amendment, Federal Judge Strikes US Defense of Marriage Act

Thursday, July 8th, 2010
Source: ABA Journal Top Stories A federal judge in Boston today struck down the U.S. Defense of Marriage Act, saying that the 1996 statute's prohibition against same-sex marriage is unconstitutional. Citing the 10th Amendment of the U.S. Constitution, which recognizes state authority concerning powers not delegated to the federal government, U.S. District Judge Joseph Tauro held that the federal statute unconstitutionally interferes with the state's right to recognize same-sex marriages, according to the Boston Globe's MetroDesk blog. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and, in doing so, offends the 10th Amendment,” says the… Read the rest of the...

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Federal Court Hands Major Victory to Gay Couples

Thursday, July 8th, 2010
Source: WSJ.com: Law Blog - WSJ.com U.S. District Judge Joseph Tauro of Boston ruled that a provision of the federal Defense of Marriage Act, which prevents the federal government from giving pension and other benefits to same sex couples, is unconstitutional, reports the Associated Press.


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Gableman Complaint is Dismissed

Thursday, July 8th, 2010
Source: Marquette University Law School Faculty Blog

The Judicial Commission announced today that it is discontinuing prosecution of its complaint against Justice Michael Gableman. Quite apart from the merits of the complaint, this seems like the right thing to do given the deadlock on the Court and the particular positions taken by the Abrahamson and Prosser groups. As I explained here and here, there seems to be no way that further proceedings could be expected to break the impasse.

An interesting constitutional question was embedded within the writings of the Prosser and Abrahamson  groups.

 SCR 60.06(3) provides that a candidate for judicial office “shall not knowingly or with reckless disregard for the statement’s truth or falsity misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent.”  To avoid what it saw as potential First Amendment challenges, the Prosser group would limit its application to  “objectively false statements” by which they seem to mean statements that are literally false without further consideration of their context or how they would be understood by the listener.

The Abrahamson group would have determined the message that the ad was intended to and could be reasonably expected to convey and apply the rule’s test of truth and...

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China Corruption. You’d Have To Be Blind….

Thursday, July 8th, 2010
Source: China Law Blog

One of the things I have learned from doing this blog is to roll with the punches that really do not have all that much to do with what I have written. If I write a post on how Hong Kong is usually not very relevant to the typical SME going into China, I get angry comments and emails from people incredulous at how I can be ignoring the many companies that go public via Hong Kong. And if I write a post, entitled, "China Corruption. We Ain't Seeing It," on how foreign companies do not NEED to engage in corruption in China, I get a whole host of angry emails and comments about how China has massive corruption and how I must be sticking my head in the sand. 

Well duh. I know there is massive corruption in China. We all know that.  

But, that does not mean that foreign companies must engage in it themselves in order to succeed? All I know is that in registering a company in China or registering IP in China (I pick these two things because they are the two most common registrations for foreign companies doing business...

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Did George Bush Staffers Squelch Free Speech?

Thursday, July 8th, 2010
Source: WSJ.com: Law Blog - WSJ.com The Supreme Court has been asked to decide whether the free-speech rights of Leslie Weise and Alex Young were violated when they were ejected from a town hall meeting with President George W. Bush, after event organizers noticed a bumper sticker with the anti-war slogan on Weise’s car.


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Charlotte Workers Compensation Claims

Thursday, July 8th, 2010
Source: SettlementBoard.com What is involved in processing a Charlotte workers compensation claim? It is traumatic enough to be injured on the job, but to be confused about how to file a worker compensation claim in Charlotte can make things even worse.  Auger & Auger Law Firm can explain each step in turn, show how to simply the [...] Read the rest of the...

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Clifford Chance Edges Out Linklaters as UK’s Top-Paid Firm, Earning $1.8B in FY 2009

Thursday, July 8th, 2010
Source: ABA Journal Top Stories Megafirm Clifford Chance edged out Linklaters as the United Kingdom's top-grossing law firm in 2009, reporting about $1.8 billion in revenue for the fiscal year that ended April 30, 2010. That represented a 5 percent decline from the previous year. Linklaters, which was No. 1 the prior year, racked up $1.786 billion after an 8.8 percent revenue decline, followed by Freshfields Bruckhaus Deringer, down 11 percent to $1.725 billion, and Allen & Overy, down 4 percent to $1.6 billion, Bloomberg recounts. All four are part of the so-called magic circle of elite London-based law firms. Read the rest of the...

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Phoenix Motorcycle Accident Lawyers

Thursday, July 8th, 2010
Source: SettlementBoard.com At Alex & Gaxiola in Arizona, our Phoenix auto accident lawyers visit the scene promptly, often on the same day our client contacts us—and begin collecting evidence and witness statements while memories are fresh. Motorcycle accidents cause serious, even fatal, injuries to thousands of riders and passengers every year. Not only is a biker exposed and vulnerable in a crash, but the motorcycle itself is less stable and more difficult to maneuver than an automobile. Read the rest of the...

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Tallahassee Personal Injury Law Firm Wins $600,000 Case

Thursday, July 8th, 2010
Source: SettlementBoard.com Tallahassee personal injury law firm of Waters & Associates, P.A. Attorneys at Law won  $600,000 for a scalp injury caused by a dog attack.  The Centers for Disease Control and Prevention (CDC) put out a booklet intended for communities interested in developing a comprehensive bite prevention program, includes model legislation for the control of dangerous [...] Read the rest of the...

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Facebook Faces Litigation from Canada, Germany Over Privacy Issues

Thursday, July 8th, 2010
Source: ABA Journal Top Stories Remember those photos you posted on Facebook years ago? They may have been private then, but they could be public now, according to a pending lawsuit against the super-popular social networking site. In the wake of worldwide concern over Google's admitted interception of personal data from unsecured Wi-Fi portals in the process of preparing its Street View mapping feature, a new spotlight is now focusing on privacy issues posed by Facebook's methods. A Canadian law firm is pursuing a potential class action suit against Facebook, contending in a statement of claim filed on Friday with the Court of Queen's Bench… Read the rest of the...

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Why McCain, Fighting Uphill Battle, Will Not Vote for Kagan

Thursday, July 8th, 2010
Source: WSJ.com: Law Blog - WSJ.com Sen. John McCain (R., Ariz.), is the latest to publicly declare his intention to vote against Kagan's nomination. He did so in an opinion piece in the USA Today on Thursday.


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Emily Dickinson and the Move to Eckstein Hall

Thursday, July 8th, 2010
Source: Marquette University Law School Faculty Blog

As we at the Law School carefully pack our law books for the move to Eckstein Hall, I am reminded of this poem by Emily Dickinson:

In a Library

A precious, mouldering pleasure ‘t is
To meet an antique book,
In just the dress his century wore;
A privilege, I think,

His venerable hand to take,
And warming in our own,
A passage back, or two, to make
To times when he was young.

His quaint opinions to inspect,
His knowledge to unfold
On what concerns our mutual mind,
The literature of old;

What interested scholars most,
What competitions ran
When Plato was a certainty.
And Sophocles a man;

When Sappho was a living girl,
And Beatrice wore
The gown that Dante deified.
Facts, centuries before,

He traverses familiar,
As one should come to town
And tell you all your dreams were true;
He lived where dreams were sown.

His presence is enchantment,
You beg him not to go;
Old volumes shake their vellum heads
And tantalize, just so.

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China Intellectual Property (IP). I Hate Cats.

Thursday, July 8th, 2010
Source: China Law Blog

The China Economic Review just came out with a column by Andrew Hupert, entitled, "Schroedinger's copyright: Negotiating with Chinese about IP and brands requires quantum thinking." It is on a completely different topic than I initially expected and so I will first cover the article and then I will cover the expected topic.

Hupert's article is on "Westerners negotiating with Chinese counter-parties about designs, brands, unique services or any other type of intellectual property (IP)" possessed by the Westerners.  I thought it would be the other way around.  

Hupert sees the difficulty in "selling" IP to Chinese companies arising from the fact that for Western companies "to demonstrate and monetize their IP, they must risk revealing the inner workings to the very people from whom they need to keep it secret." More specifically: 

The moment you explain your idea or demonstrate your intellectual property, it ceases to have value because it is no longer exclusively yours. Thus in China your IP can be valued at zero and an infinitely high price simultaneously.

China has good laws on the books for protecting IP, "but the lack of punitive damages and the intricacies of the legal system make it a poor...

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On the Road Again: What State Cell-Phone Bans Mean for Employers.

Thursday, July 8th, 2010
Source: Federal Employment Law Articles Delaware will join the many states that ban cell-phone use while driving. The law, signed by Gov. Markell on July 6, will take effect on January 2, 2011. The new law bans texting while driving and the use of hand-held cell phones – meaning a hands-free device will be required to talk on the cell phone while driving. It also bans the use of pagers, PDAs, BlackBerry devices, laptops, games or portable computers, and two-way communication devices while driving. In addition, drivers cannot browse wirelessly or read, write, or send messages while driving.


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Appeals Court Rejects Claim For Long-Term Intermittent Leave.

Thursday, July 8th, 2010
Source: Federal Employment Law Articles Managing long-term intermittent leave has long been one of the central problems for employers administering FMLA leave. Particularly problematic is the employee who presents a certification suggesting that he or she will need unscheduled leave with little or no notice to the employer over a period of months or years based upon self-diagnosed, unverifiable symptoms such as pain or fatigue. A recent decision by the 8th Circuit Court of Appeals suggests that, at least in some cases, such a leave request need not be granted because the need for frequent, unscheduled, unpredictable leave over an extended period of time can render an employee unqualified for duty.


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Is Having a Close Relationship Enough to Pursue Title VII Retaliation Claim?

Thursday, July 8th, 2010
Source: Federal Employment Law Articles Although the federal appeals courts were in agreement that a close relationship with someone who has engaged in protected activity under Title VII is not sufficient to permit a person who has not engaged in such activity to pursue a retaliation claim, that issue may now be less than clear. On June 29, 2010, the U.S. Supreme Court granted review of the Sixth Circuit's decision in Thompson v. North American Stainless, LP, in which the Sixth Circuit held that a third party cannot pursue a retaliation claim under Title VII where he has not personally engaged in a protected activity.


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