Legal Industry News

Cubs Tickets (Yes, Cubs Tickets) At Heart of Father-Son Suit

Friday, July 23rd, 2010
Source: WSJ.com: Law Blog - WSJ.com Chicago-area man Gerald Adelman is suing his son, Stuart Adelman, over four Cubs season tickets as well as money he says his Stuart stole while working at his insurance firm. He's asking for $2.5 million in total.

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How to Find an Experienced Personal Injury Law Firm

Friday, July 23rd, 2010
Source: SettlementBoard.com Personal injuries result from a number of situations, from being in a head-on collision in a car or motorcycle to slipping on a wet floor in an office building to having a surgeon make a mistake in the operating room.  These injuries leave you unprepared for what lies ahead. You will undoubtedly face questions from [...] Read the rest of the...

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Hollywood Reporter Names its ‘100 Power Lawyers’

Friday, July 23rd, 2010
Source: ABA Journal Top Stories Looking for help turning that novel of yours into a movie? Think that new reality TV series sounds suspiciously like the idea you pitched to the network last year? Then you're in luck. The Hollywood Reporter's 2010 list of 100 Power Lawyers in Entertainment is out. The complete list includes only outside, private practice attorneys in such specialties as talent, litigation, corporate dealmaking and labor. It does not include in-house studio, network or music-label executives, guild or agency lawyers, professors or attorneys from outside the United States. To compile the list, its fourth, magazine staffers say they researched the biggest… Read the rest of the...

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Obama’s “Feminine” Communication Style

Friday, July 23rd, 2010
Source: Marquette University Law School Faculty Blog

A few weeks ago, Kathleen Parker, a writer for the Washington Post, likened Obama to a woman because of his negotiation style, calling him the first female president. (See the article here.)  Confronted with crises and criticisms, our President hasn’t responded in the alpha dog style of many male politicians. Instead, he’s a listener and talks it out. Traditionally, according to Parker, these methods are exercised almost exclusively by women. While the author is quick to commend the President on this refreshing change from the norm, she also points out that his style, especially in response to crises like the BP oil disaster, may have decreased his effectiveness.  Does this mean that women, in negotiating and communicating in this talk-it-out method are also less effective? Or is that assessment only true of men who adopt that style? The article goes on to cite research from University of Minnesota Professor Karlyn Kohrs Campbell, who asserts that men can adopt feminine communication styles without the consequence of being labelled as ineffective. Parker, however, isn’t convinced that Obama hasn’t suffered for his adoption. 

Additionally, women are generally viewed as effective communicators while employing “feminine” communication styles, but...

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Bilski: One Word That Could Mean Big Bucks for the Patent Bar

Friday, July 23rd, 2010
Source: WSJ.com: Law Blog - WSJ.com The Supreme Court's July ruling in the Bilski case, involving the patentability of business methods, will likely result in a lot of litigation going forward.

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Overloaded with Work, a Public Defender in Missouri Closes Office Doors to New Clients

Friday, July 23rd, 2010
Source: ABA Journal Top Stories Faced with too many cases for its attorneys to handle properly, a Missiouri public defender's office has imposed a moratorium on new representations. It has stopped taking any new cases, although it anticipates opening its doors again at the beginning of August, reports Missourinet. Once a maximum caseload is reached, however, it will close its doors again until space for new clients opens up. This is reportedly the first time any public defender's office in the state has ever refused to take on new cases. “There aren’t any other options,” says Public Defender Deputy Director Cat Kelly, pointing out that… Read the rest of the...

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The 25 Greatest Fictional Lawyers

Friday, July 23rd, 2010
Source: ABA Journal Top Stories Hollywood loves lawyers. TV loves lawyers. And literature? Well, from Shakespeare to Dickens to Grisham, there is no shortage of fictional lawyers for us to admire, disdain or, above all, simply remember. We wondered how the fictional lawyers of film, television and literature would stack up against each other. Of course, in some cases they are the same. The Perry Mason of Erle Stanley Gardner's popular novels is lost in Raymond Burr's television portrayal. John Mortimer's Horace Rumpole will forever have the face of actor Leo McKern. But whatever the medium, it is the character we come to love or… Read the rest of the...

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What We Don’t Know…

Friday, July 23rd, 2010
Source: Legal Ulcer Read the rest of the...

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Finding a Lawyer – When You Require Expert Help

Friday, July 23rd, 2010
Source: SettlementBoard.com There are times when we really need an experts help. Using a lawyer in Alabama is a must if you need to conduct any major business transaction including buying or selling your own home, obtaining a business or ensuring you're protected as an employee.. If you want to find a lawyer to represent you legally, [...] Read the rest of the...

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An ‘Appealing’ Life: A Chat with Blogger, Lawyer Howard Bashman

Friday, July 23rd, 2010
Source: WSJ.com: Law Blog - WSJ.com The Law Blog chats with appellate litigator Howard Bashman on life as an appellate lawyer and a leading law blogger.

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Florida Average Personal Injury Settlement

Friday, July 23rd, 2010
Source: SettlementBoard.com Personal Injuries are very stressful for individual and families. A personal injury can range from automobile accidents to slips and falls, or even dog bites. If there is any suspicion of negligence, carelessness, or recklessness, you may be eligible for a personal injury settlement. These settlements are aimed to help with financial hardship caused by [...] Read the rest of the...

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Austin Probating Attorney – John L. Mendez

Friday, July 23rd, 2010
Source: Profiles In Law John L. Mendez – Attorney at Law has continually helped families and individuals with any of the legal problems they may encounter.  Mr. Mendez prides himself on paying attention to the specific need of each client with compassion and determination to represent everyone to the best of his ability. John L.Mendez is not only an [...] Read the rest of the...

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Oklahoma city truck accident attorney, Joseph J. Reinke

Friday, July 23rd, 2010
Source: Profiles In Law Joseph J. Reinke has more than 30 years of legal experience and focuses on representing injured plaintiffs throughout Oklahoma in trucking accident, wrongful death, and serious personal injury cases. Read the rest of the...

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Judith Wolfsen, Los Angeles Probate Attorney – Wolfsen & Wolfsen

Friday, July 23rd, 2010
Source: Profiles In Law Meet Los Angeles wills lawyer Judith Wolfsen A divorce law firm in Torrance, CA Judith Wolfsen began her practice in Torrance in 1978 and began specializing in all family law and probate matters upon her admission to the California State Bar. She was admitted to practice before the United States District Court for the Central [...] Read the rest of the...

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California Court of Appeals Declares State Labor Picketing Laws Unconstitutional.

Friday, July 23rd, 2010
Source: California Employment Law Articles In a case that will significantly impact unions' ability to picket in California, the California Court of Appeals has struck down as unconstitutional two state laws that restricted the ability of employers to enjoin conduct on their property if the conduct relates to a labor dispute. Specifically, the Court found that the Moscone Act and California Labor Code section 1138.1 unconstitutionally favor speech related to a labor dispute over other speech and therefore violate the First and Fourteenth Amendments of the United States Constitution.

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Executive Compensation and the Wall Street Reform and Consumer Protection Act.

Friday, July 23rd, 2010
Source: Federal Employment Law Articles On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173) (the "Act"), which is intended "to promote the financial stability of the United States by improving accountability and transparency in the financial system" and "to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes." While the Act is directed at the financial system, it incorporates broad executive compensation provisions that apply beyond the financial services industry. Publicly-traded companies need to understand and prepare for these new requirements. Included in Subtitle E of Title IX – Accountability and Executive Compensation ("Subtitle E") – of the Act are laws generally related to executive compensation practices of publicly-traded companies and certain financial institutions. The laws enacted under Subtitle E amend the Securities Act of 1933 and Securities Exchange Act of 1934 (the "Exchange Act"), and also direct the Securities Exchange Commission (SEC) and certain other Federal Regulators to adopt rules consistent with the new law.

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What Do Employers with HIPAA-Covered Health Plans Really Need to Know About Recently Proposed Revisions to HIPAA Regulations?

Friday, July 23rd, 2010
Source: Federal Employment Law Articles The U.S. Department of Health and Human Services (HHS) published on July 14, 2010, a voluminous Notice of Proposed Rulemaking (NPRM), containing dozens of proposed amendments to three sets of Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations: the Privacy Rule; the Security Rule; and the Enforcement Rule. The proposed amendments are directed principally at implementing the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which amended HIPAA and went into effect on February 17, 2010. A careful review of the NPRM for its impact on employers who sponsor HIPAA-covered plans reveals that, if the proposed changes were adopted, employers would be required to revise their business associate agreements, their HIPAA notice of privacy practices, and their policies for responding to access requests. The NPRM also provides employers with a roadmap for avoiding civil monetary penalties.1

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In Huge Loss for Mattel, 9th Circuit Sides With Bratz Over Barbie

Friday, July 23rd, 2010
Source: Law.com - Newswire The Bratz doll is back in business, thanks to the 9th Circuit. A panel on Thursday vacated Mattel's hard-won injunction on behalf of its Barbie doll, finding the remedy too broad. The litigation arose because Bratz's creator, Carter Bryant, worked for Mattel before decamping for the competition. The district court erred when it found Mattel's employment agreement covered the idea for Bratz, wrote Chief Judge Alex Kozinski, who concluded: "America thrives on competition; Barbie, the all-American girl, will too." Read the rest of the...

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FTC Asks D.C. Circuit to Apply ‘Red Flags’ Rule to Lawyers

Friday, July 23rd, 2010
Source: Law.com - Newswire In 2005, the D.C. Circuit ruled that the Federal Trade Commission could not force lawyers to comply with new rules about privacy notifications. But the agency argued on Wednesday that decision should not restrict the court as it takes up another set of regulations that could bind lawyers. The FTC made the argument in a case about a rule designed to push creditors to prevent identity theft -- known as the "red flags" rule. Read the rest of the...

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Q&A: Hedge and Private Equity Funds Under Financial Reform Law

Friday, July 23rd, 2010
Source: Law.com - Newswire The financial reforms signed into law by President Barack Obama target a sector previously free from vigorous government scrutiny: hedge funds and private equity funds. The Private Fund Investment Advisers Registration Act of 2010, enacted as part of the reform law, calls for most hedge fund and private fund advisers to register with the SEC. WilmerHale partner Thomas Beaudoin discusses the types of companies subject to the law, what it means for overseas private advisers and the law's impact on attorneys. Read the rest of the...

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Ten Reasons Chinese Companies Fail In The United States.

Friday, July 23rd, 2010
Source: China Law Blog

Had a piece published yesterday on the Forbes China Tracker, entitled, "Ten Reasons Chinese companies fail in the U.S." I reprise the Forbes article below and then I add to it by discussing a very insightful e-mail exchange I had in response to it.  

 

A couple of years ago, I did a post on my blog listing my 10 reasons why Chinese companies were failing in the United States.

In response to that post, Nina Ying Sun at the Plastics News Blog did her own post entitled "Why Chinese Companies Fail the US Market," explaining, agreeing on and challenging the items on my list.

I then did a new post, entitled, "Why Chinese Companies Fail in the U.S., Part II," responding to Ms. Sun. Someone just tweeted on this post and when I followed the link and read it again, I realized nothing has changed.

Chinese companies are still failing in the United States at what I see as an alarming rate--and the reasons I see for that have not changed a bit.

Here is my list, with Ms. Sun's comments and then my comments on Ms. Sun's comments:

1. Chinese companies focus on a...

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