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Slate: Victim Who Committed Suicide in High School Bullying Case Had History of Mental Issues

Thursday, July 22nd, 2010
Source: ABA Journal Top Stories A basic principle law students are taught in first-year torts class is that defendants who happen to injure a fragile plaintiff can't point to the victim's weakness to excuse their own negligence. And the same principle applies in criminal cases, a prosecutor in a high-profile Massachusetts student-bullying case tells the Boston Globe. Responding to an article in Slate that says Phoebe Prince had a history of mental health issues before the 15-year-old committed suicide by hanging herself early this year, prosecutor Elizabeth Scheibel says any “internal struggles’’ Prince suffered don't negate her criminal case. It is being brought against five… Read the rest of the...

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SEC Inspector Probing Timing of Goldman Settlement

Thursday, July 22nd, 2010
Source: WSJ.com: Law Blog - WSJ.com The Securities and Exchange Commission's inspector general is extending a probe of the agency's recent civil-fraud settlement against Goldman Sachs to include the timing of the suit's settlement last week.


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Lewis Brisbois Can’t Use SLAPP Law as Shield Against Ex-Client’s Malpractice Suit

Thursday, July 22nd, 2010
Source: ABA Journal Top Stories A law firm known for its insurance expertise has arguably now made a bad situation worse--twice--by litigating insurance-related issues. Sued for malpractice by ex-client Kmart Corp., Lewis Brisbois Bisgaard & Smith invoked the protection of a California civil rights statute, contending that its effort to seek a declaratory judgment on behalf of another client fell within the arena of safeguarded public participation, reports the National Law Journal. But a state appeals court wasn't persuaded, not only nixing the law firm's claim that the malpractice suit was barred by California's law against so-called SLAPP actions (strategic lawsuits against public participation) but… Read the rest of the...

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In NJ, how do lawsuits differ for each area of practice?

Thursday, July 22nd, 2010
Source: SettlementBoard.com Car accident lawsuits The steps unique to car crash injuries and a NJ car accident lawsuit include the following: Seek medical help Do not assume your auto accident injuries are minor, as the shock of the event in the immediate needs of the accident follow-up steps can numb you to the realities of your injuries. [...] Read the rest of the...

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Bratz Dolls Breathe Again After Stunning Ninth Circuit Reversal

Thursday, July 22nd, 2010
Source: WSJ.com: Law Blog - WSJ.com The Ninth Circuit on Thursday handed down a stunning ruling, essentially reversing much of the December 2008 ruling that gave Mattel the rights to much of MGA's Bratz products.


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Memo to Press: Don’t Mess with Brangelina!

Thursday, July 22nd, 2010
Source: WSJ.com: Law Blog - WSJ.com A settlement was announced Thursday in a suit in which Brad Pitt and Angelina Jolie sued the News of the World for invasion of privacy stemming from two articles the paper ran about the couple.


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Fear The China Joint Venture And Front-Load Your China Licensing Agreements.

Thursday, July 22nd, 2010
Source: China Law Blog

The China Economic Review just published a piece on China business relationships by Andrew Hupert, a professor of negotiation at NYU in Shanghai. The article is entitled, "Trouble in commercial paradise," and its thesis is that Chinese companies usually view their relationships with Western companies as short-term. 

Hupert starts out by talking of how even the "big boys" have recently been complaining about being tossed aside by China:

Long term relationships are never easy, especially when one of the partners is a Chinese SOE. Until recently, many European and a few of the more patient & deep-pocketed US firms took upon themselves the role of a corporate Dr. Phil, offering easy, smug advice on how to woo and win the affection of a Chinese partner. But now even the happiest of Western partners – like GE, Siemens and BASF – are publically complaining that they are not feeling very significant in China in any more. If there’s trouble in commercial paradise for the most eligible suitors, where does that leave the newcomers?

Hupert goes on to seek to reconcile the apparent "paradox" between the insistence that "Chinese dealmakers have a long-range, relationship-oriented view of business" and their consistently...

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Factors That Can Lead to Foreclosure

Thursday, July 22nd, 2010
Source: SettlementBoard.com When a homeowner fails to make mortgage payments, a foreclosure may take place. This means that the homeowner loses all rights to their property. The bank or mortgage company then sells the property to recover their investment. Because of the country's current economic struggle, foreclosure rates are higher than usual. People facing foreclosure are not [...] Read the rest of the...

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Norman Rockwell and Storytelling

Thursday, July 22nd, 2010
Source: Marquette University Law School Faculty Blog

The Smithsonian American Art Museum in Washington, D.C., recently opened a new exhibit entitled “Telling Stories:  Norman Rockwell from the Collections of George Lucas and Steven Spielberg.”*  Rockwell’s art speaks to filmmakers Lucas and Spielberg for its ability to tell a story.  Rockwell’s storytelling can also speak to lawyers seeking to use narrative in persuasive brief writing.   

The exhibit begins with a series of photographs that Rockwell used when selecting props in Back to Civvies, a painting about a soldier returning home and trying on his old (and now too-small) civilian clothes in front of his dresser mirror.  The photos show how Rockwell arranged real-life props such as a bomber model and poster, college pennant, and uniform jacket with campaign ribbons to depict the pilot’s life before leaving for World War II and after coming home.    

Rockwell found details from his life, often things appeared from his work room or house in his paintings.  Rockwell painted his own sofa in Let Nothing You Dismay, and he painted a ship model in The Toy Maker that can be seen hanging on the wall of his studio in a photo taken almost forty years after the...

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Check out the "The Mel Gibson Apology Tour"

Thursday, July 22nd, 2010
Source: Legal Ulcer

A funny look at what could happen if Mel manages to avoid jail time and a mental break down.

By the way, YOU SUCK MEL !!!

in reference to:

"The Mel Gibson Apology Tour"
- The Mel Gibson Apology Tour (view on Google Sidewiki)

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Best of the Blogs

Thursday, July 22nd, 2010
Source: Marquette University Law School Faculty Blog

Con law, con law everywhere. Randy Barnett and Jack Balkin continued their debate over the constitutionality of the individual insurance mandate of the health care reform law. Barnett argued on Sunday that the Obama administration’s move to defend the mandate as a tax indicated its assessment that the Commerce Clause might not be sufficient, thus refuting those who dismissed the Commerce Clause challenge as frivolous. Balkin responded that it just shows government attorneys being good lawyers by piling on every argument they can think of, and that what’s really going on here is an attempt to turn back the clock on the cultural-legal shift that accompanied the New Deal. (See Josh Blackman for more on Balkin’s argument.) Barnett replies that if he’s making an “off-the-wall” argument, he’s got 21 state Attorney Generals with him, and that the truly unprecedented argument is “[t]he claim that Congress may require any person in the US to do anything it deems to be in the public interest or pay a fine or penalty to the IRS.”

That wasn’t the only New Deal flashback this week....

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San Jose Insurance Attorney – David Lilienstein

Thursday, July 22nd, 2010
Source: Profiles In Law David Maxim Lilienstein Esq is the founder of DL Law Group,  which is comprised of himself as well as another insurance law specialist and his partner, Alice J. Wolfson Esq. Together they have an extensive background in representing policyholders with bad faith insurance cases. Education: Grinnel College,  B. A. University of San Francisco School of  [...] Read the rest of the...

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Divorce Attorney in Louisville, Kentucky – Emily Saling

Thursday, July 22nd, 2010
Source: Profiles In Law Louisville divorce attorney, Emily Saling Associate at the divorce & separation law firm in Louisville, Kentucky Born: Louisville, Kentucky, 1982 Areas of Practice: *Family Law *  Divorce Law *  Child Abuse and Neglect *  Child Support *Criminal Law Admitted: 2009, Kentucky Education Law School – University of Kentucky, College of Law, J.D. College - University [...] Read the rest of the...

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San Francisco Patent Attorney – Michael E. Dergosits

Thursday, July 22nd, 2010
Source: Profiles In Law Michael E. Dergosits has more than 25 years of professional legal experience with trials, trial preparation and counseling for anything pertaining to patents. Mr Dergosits has represented clients associated with a broad range of today’s technologies. He possesses in depth knowledge concerning people’s legal claims as well as patent infringement. This Martindale-Hubbell AV peer rated [...] Read the rest of the...

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THEY’RE BAAAACK: PLAs Return to Haunt Non-Union Contractors.

Thursday, July 22nd, 2010
Source: Federal Employment Law Articles On April 13, 2010, the Federal Acquisition Regulation (FAR) Council released a final rule implementing President Obama’s Executive Order 13502, which encourages federal agencies to use Project Labor Agreements (PLAs) on federal construction projects valued at $25 million or more. EO 13502, which was actually issued on February 6, 2009, repealed President Bush’s Executive Orders 13202 and 13208, which in turn declared that neither the federal government, nor any agency acting with federal assistance, shall require or prohibit construction contractors to sign union agreements as a condition of performing work on government construction projects. It is estimated that, in the eight years it was in existence, President Bush’s EO 13202 caused at least $147.1 billion worth of federal construction projects to be competitively bid without discrimination against non-union contractors.


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Health Care Reform’s Impact on Employers.

Thursday, July 22nd, 2010
Source: Federal Employment Law Articles While at present there are no mandates on employers – either in or out of the construction industry – to provide health coverage to independent contractors or even to employees, those businesses that do provide health coverage are finding that an entire new regulatory world awaits them.


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20 Ways Your Subcontractor Might Be an Employee

Thursday, July 22nd, 2010
Source: Federal Employment Law Articles Quite often, companies in the construction industry hire “subcontractors” and classify them as independent contractors. However, these companies should take caution in proceeding with such classification. In February, the IRS began its first comprehensive audit of employment tax issues in over 25 years. The main issues to be examined in these audits are worker classification, executive compensation and taxable fringe benefits. (For a broad discussion of all of these issues, please see our Firm’s November 2009 Tax alert IRS Will Audit 6,000 Companies – Make Sure Your Employment Taxes Are in Order.) Because worker classification is an issue that arises often for construction companies, this article focuses solely on worker classification and the factors involved in making an accurate determination.


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No Criminal Charges Over U.S. Attorney Firings, Says Justice Department

Thursday, July 22nd, 2010
Source: Law.com - Newswire The special prosecutor tapped to investigate potential criminal violations tied to the removal of nine U.S. Attorneys has wrapped up the probe with a finding that no criminal charges be filed, the Justice Department has announced. The investigation found that the evidence "did not demonstrate any prosecutable criminal offense" was committed with regard to the removal of U.S. Attorney David Iglesias of New Mexico, and did not justify broadening the scope of the investigation beyond Iglesias' removal. Read the rest of the...

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Ohio High Court Indefinitely Suspends Former GC From Practice of Law

Thursday, July 22nd, 2010
Source: Law.com - Newswire The Ohio Supreme Court has indefinitely suspended from the practice of law former general counsel Paul Joseph Kellogg, who was sentenced in 2008 to a year in prison and three years probation for allegedly obstructing proceedings before the FDA and the FTC. Court documents say Kellogg served as GC to his friend's company, Berkeley Premium Nutraceuticals, which sold dietary supplements and other pills that it claimed in TV ads would increase the size of a man's penis by four inches. Read the rest of the...

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Lawsuit Revived Against Prosecutor in Web Parody Case

Thursday, July 22nd, 2010
Source: Law.com - Newswire The 10th Circuit has revived a lawsuit against a prosecutor brought by a college student whose online column irked a professor and led to an unlawful search of the student's home. The court held that Susan Knox was not entitled to qualified immunity when as a deputy district attorney in Colorado she approved a search warrant of the home of Thomas Mink, the author of an editorial column by "Junius Puke," a fictional character that parodied Junius Peake, a professor at the University of Northern Colorado. Read the rest of the...

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Conrad Black to Be Released After Estimated $40M in Legal Bills; How Much More Can He Afford to Pay?

Thursday, July 22nd, 2010
Source: ABA Journal Top Stories Freed today from a federal prison in Florida, onetime media mogul Conrad Black is seemingly potentially on track for a possible reversal of his fraud and obstruction of justice convictions. But a major roadblock remains: His legal fees. An estimated $40 million in defense costs for Black have been covered by the policy of directors and officers insurance for Hollinger International since 2003. The policy was terminated when the company went bankrupt, however, and now Black is on his own in litigation that may test the extent of his wealth, reports the Globe and Mail, relying on unidentified sourcing. The… Read the rest of the...

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