02 September 2010 | Legal Industry News

Archive for ""

Will Financial Regulation Make Us Safe?

Thursday, September 2nd, 2010
Source: Marquette University Law School Faculty Blog

It is with a bit of fear that I take over the podium as a guest blogger. The thought of coming up with enough substance to satisfy the cravings of an unnamed and faceless reader base is a bit frightening. So, please excuse me if my nervousness shows through in my writing.

So, first a bit about me. I have been very fortunate to have had a fantastic fifteen-year career in the hedge fund business (which does make me a bit of a dinosaur in the industry). Most recently, I was the President and Chief Operating Officer of Stark Investments (one of the oldest hedge funds in the world). During my career working in the business, I have done about everything – from providing legal counsel, to co-managing a large portfolio, to ultimately taking responsibility for the execution of the strategic vision and the overall administration of a large organization. I am a 1993 graduate of the Marquette University School of Law (and have to say that I am thrilled at all of the very positive developments at the Law School – kudos to Dean Kearney and his team!). All of that being said,...

Boston Divorce Lawyer – Helaine B. Palmer

Thursday, September 2nd, 2010
Source: Profiles In Law Helaine B. Palmer practices divorce and family law in Massachusetts. Ms. Palmer graduated with an A.B from Brown University and attended Suffolk University Law School where she earned her J.D. The Boston divorce lawyer writes of her work: “I continue to concentrate my practice in the area of family law after more than thirty years [...] Read the rest of the...

The Supreme Court Is Split on Apostrophes

Thursday, September 2nd, 2010
Source: ABA Journal Top Stories Three dissenting justices—it used to be four—are breaking with their brethren on the issue of apostrophes. Frank Wagner, the soon-to-be retired reporter of decisions for the Supreme Court, revealed the split in a two-part interview with the National Law Journal. The job of his office includes checking opinions for typos, misspellings, grammatical errors and deviations from Supreme Court rules. But there’s no use in changing apostrophes of dissenting justices who disagree with the court's prevailing rule on possessives that requires an apostrophe only after the final “s” in “Congress.” Wagner tells the NLJ that over the years, four justices informed… Read the rest of the...

The Supreme Court Is Split on Apostrophes

Thursday, September 2nd, 2010
Source: ABA Journal Top Stories Three dissenting justices—it used to be four—are breaking with their brethren on the issue of apostrophes. Frank Wagner, the soon-to-be retired reporter of decisions for the Supreme Court, revealed the split in a two-part interview with the National Law Journal. The job of his office includes checking opinions for typos, misspellings, grammatical errors and deviations from Supreme Court rules. But there’s no use in changing apostrophes of dissenting justices who disagree with the court's prevailing rule on possessives that requires an apostrophe only after the final “s” in “Congress.” Wagner tells the NLJ that over the years, four justices informed… Read the rest of the...

Botox Maker to Pay $600 Million in Settlement Over Off-Label Uses

Thursday, September 2nd, 2010
Source: Law.com - Newswire 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 regulation of pharmaceuticals. Read the rest of the...

Botox Maker to Pay $600 Million in Settlement Over Off-Label Uses

Thursday, September 2nd, 2010
Source: Law.com - Newswire 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 regulation of pharmaceuticals. Read the rest of the...

Despite Broad Holding on Whistleblower Standing in False Marking Cases, Pleading Hurdle Is High

Thursday, September 2nd, 2010
Source: Law.com - Newswire Patent practitioners say the Federal Circuit's decision that whistleblowers have standing to sue companies that falsely label their products as covered by patents probably won't save cases filed based on the bare fact that products contain false markings. The unanimous panel ruling, which reversed a New York federal court decision, directs the lower court to consider whether the complaint failed to allege an intent to deceive with enough specificity to meet the pleading requirements for fraud. Read the rest of the...

Despite Broad Holding on Whistleblower Standing in False Marking Cases, Pleading Hurdle Is High

Thursday, September 2nd, 2010
Source: Law.com - Newswire Patent practitioners say the Federal Circuit's decision that whistleblowers have standing to sue companies that falsely label their products as covered by patents probably won't save cases filed based on the bare fact that products contain false markings. The unanimous panel ruling, which reversed a New York federal court decision, directs the lower court to consider whether the complaint failed to allege an intent to deceive with enough specificity to meet the pleading requirements for fraud. Read the rest of the...

Plaintiffs Lawyers for 9/11 Workers Make Deal Over Cost Sharing

Thursday, September 2nd, 2010
Source: Law.com - Newswire Lawyers representing most of the more than 10,000 plaintiffs suing New York City and its contractors for illnesses resulting from the response and cleanup after the 9/11 terror attacks have patched up their differences over sharing costs. Plaintiffs firms Sullivan Papain Block McGrath & Cannavo and Worby Groner Edelman & Napoli Bern were set to square off at a hearing Wednesday, but instead submitted a stipulation to the federal judge presiding over a still-to-be-finalized $712.5 million settlement in the cases. Read the rest of the...

Eckstein Hall Dedication Program

Thursday, September 2nd, 2010
Source: Marquette University Law School Faculty Blog

The dedication of Eckstein Hall next Wednesday will feature Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson, Archbishop of New York Timothy M. Dolan, and United States Supreme Court Justice Antonin Scalia, as described in this press release issued by the University. The event will begin place at 2 p.m. in the area between Eckstein Hall and Gesu Church (or Johnston Hall). I hope (and expect) that many will want to join us. Those interested should register by sending an e-mail to universityspecialevents@marquette.edu and plan on arriving early.

Read the rest of the...

John Walker Lindh, ACLU, Sue Over Restrictions on Prayer

Thursday, September 2nd, 2010

Source: WSJ.com: Law Blog - WSJ.com John Walker Lindh is back in the news. He and another Muslim inmate have asked a federal judge in Indianapolis to allow them and other Muslims to pray as a group, as required by their religious beliefs.

Read the rest of the...

John Walker Lindh, ACLU, Sue Over Restrictions on Prayer

Thursday, September 2nd, 2010

Source: WSJ.com: Law Blog - WSJ.com John Walker Lindh is back in the news. He and another Muslim inmate have asked a federal judge in Indianapolis to allow them and other Muslims to pray as a group, as required by their religious beliefs.

Read the rest of the...

Divorce Settlement Will Determine Fate of L.A. Dodgers

Thursday, September 2nd, 2010
Source: SettlementBoard.com There is a lot hanging in the balance of the divorce trial that is happening in Los Angeles between Frank and Jamie McCourt. It is not just homes, cars and alimony but in this case the ownership of the sports franchise the L.A. Dodgers will be determined by the outcome of the divorce proceedings. McCourt [...] Read the rest of the...

Blogger Hits ‘Palpable Sense of Entitlement’ Among Lawyers Who Eschew BigLaw

Thursday, September 2nd, 2010
Source: ABA Journal Top Stories Are elite lawyers who turn down careers in BigLaw for public interest jobs a little too smug, and if so, are they entitled to their sense of entitlement? Blogger Conor Friedersdorf of the Atlantic’s Daily Dish started the debate when he wrote about his continued astonishment at BigLaw’s wining and dining of law grads and new associates' high-priced lifestyles. How is it, he wondered, that law grads who once existed on Ramen noodles “earnestly insist that their $165,000 salary isn't so much when you think about it”? But his criticism wasn’t reserved for the lifestyles of the rich and elite… Read the rest of the...

Blogger Hits ‘Palpable Sense of Entitlement’ Among Lawyers Who Eschew BigLaw

Thursday, September 2nd, 2010
Source: ABA Journal Top Stories Are elite lawyers who turn down careers in BigLaw for public interest jobs a little too smug, and if so, are they entitled to their sense of entitlement? Blogger Conor Friedersdorf of the Atlantic’s Daily Dish started the debate when he wrote about his continued astonishment at BigLaw’s wining and dining of law grads and new associates' high-priced lifestyles. How is it, he wondered, that law grads who once existed on Ramen noodles “earnestly insist that their $165,000 salary isn't so much when you think about it”? But his criticism wasn’t reserved for the lifestyles of the rich and elite… Read the rest of the...

Law Blog Obituary: Jacoby & Meyers’s Gail Koff

Thursday, September 2nd, 2010

Source: WSJ.com: Law Blog - WSJ.com If you grew up in the 1970s and 80s and watched a fair bit of television, you likely remember the ads, many of which ended with the tag line: "Jacoby & Meyers, When It's Time to Call a Lawyer."

Read the rest of the...

Law Blog Obituary: Jacoby & Meyers’s Gail Koff

Thursday, September 2nd, 2010

Source: WSJ.com: Law Blog - WSJ.com If you grew up in the 1970s and 80s and watched a fair bit of television, you likely remember the ads, many of which ended with the tag line: "Jacoby & Meyers, When It's Time to Call a Lawyer."

Read the rest of the...

Suit: Abercrombie & Fitch Told Muslim Job Seeker Scarf Not Part of the Look

Thursday, September 2nd, 2010
Source: ABA Journal Top Stories A Muslim job seeker claims in a lawsuit that an Abercrombie & Fitch manager refused to hire her, telling her that a head scarf is not part of the "Abercrombie look." The suit is the second one filed by a Muslim over the retailer’s look policy since 2009, the San Jose Mercury News reports. In the latest case, the Equal Employment Opportunity Commission sued on behalf of Halla Banafa, who says she was rejected for a job stocking merchandise at a California store because of her head covering. An EEOC press release quotes San Francisco regional attorney William Tamayo. “This… Read the rest of the...

Suit: Abercrombie & Fitch Told Muslim Job Seeker Scarf Not Part of the Look

Thursday, September 2nd, 2010
Source: ABA Journal Top Stories A Muslim job seeker claims in a lawsuit that an Abercrombie & Fitch manager refused to hire her, telling her that a head scarf is not part of the "Abercrombie look." The suit is the second one filed by a Muslim over the retailer’s look policy since 2009, the San Jose Mercury News reports. In the latest case, the Equal Employment Opportunity Commission sued on behalf of Halla Banafa, who says she was rejected for a job stocking merchandise at a California store because of her head covering. An EEOC press release quotes San Francisco regional attorney William Tamayo. “This… Read the rest of the...

Wrinkle Free! Botox Maker Pays $600M to Settle Marketing Charges

Thursday, September 2nd, 2010

Source: WSJ.com: Law Blog - WSJ.com The cure for Allergan's headache: a $600 million settlement with the feds.

Read the rest of the...

Wrinkle Free! Botox Maker Pays $600M to Settle Marketing Charges

Thursday, September 2nd, 2010

Source: WSJ.com: Law Blog - WSJ.com The cure for Allergan's headache: a $600 million settlement with the feds.

Read the rest of the...

Social Networking in the Retail World.

Thursday, September 2nd, 2010

Source: Federal Employment Law Articles Employer interest in social networking and blogging first came to the headlines when a flight attendant was fired purportedly for posting information about her job on a blog. Since that time, social media has exploded with the rise of Facebook and the advent of YouTube. While the Oxford English Dictionary has not yet recognized "tweet" as a verb meaning to post 140-character messages on Twitter, it must be coming.

Read the rest of the...

Social Networking in the Retail World.

Thursday, September 2nd, 2010

Source: Federal Employment Law Articles Employer interest in social networking and blogging first came to the headlines when a flight attendant was fired purportedly for posting information about her job on a blog. Since that time, social media has exploded with the rise of Facebook and the advent of YouTube. While the Oxford English Dictionary has not yet recognized "tweet" as a verb meaning to post 140-character messages on Twitter, it must be coming.

Read the rest of the...

‘Upsetting the Natural Order’: Managing Employees Old Enough to Be Your Parents.

Thursday, September 2nd, 2010

Source: Federal Employment Law Articles If one looks at the research on older workers -- those who are at or close to retirement age -- one finds what Peter Cappelli, director of Wharton's Center for Human Resources, calls "an incredible amount of discrimination, bigger even than discrimination against race or gender." Older people, he says, often find it difficult to get a job, partly because relatively young supervisors are reluctant to hire and then manage employees who are decades older, even though these employees are the type of worker many employers say they want.

Read the rest of the...

‘Upsetting the Natural Order’: Managing Employees Old Enough to Be Your Parents.

Thursday, September 2nd, 2010

Source: Federal Employment Law Articles If one looks at the research on older workers -- those who are at or close to retirement age -- one finds what Peter Cappelli, director of Wharton's Center for Human Resources, calls "an incredible amount of discrimination, bigger even than discrimination against race or gender." Older people, he says, often find it difficult to get a job, partly because relatively young supervisors are reluctant to hire and then manage employees who are decades older, even though these employees are the type of worker many employers say they want.

Read the rest of the...

Executive Labor Summary (July/August 2010).

Thursday, September 2nd, 2010

Source: Federal Employment Law Articles Don’t mess with our cans! Question Becker’s ethics? No way! Women and children first! EFCA? Trust us...we have a plan...just as soon as we figure out what it is. Laborers International Union bails on Change-to-Win, back to AFL-CIO. Two-member cases keep NLRB busier than one-armed paper hanger. Quality, not quantity? Majority of Americans support unions -- just barely. UNITE HERE and SEIU settle "divorce".

Read the rest of the...

Executive Labor Summary (July/August 2010).

Thursday, September 2nd, 2010

Source: Federal Employment Law Articles Don’t mess with our cans! Question Becker’s ethics? No way! Women and children first! EFCA? Trust us...we have a plan...just as soon as we figure out what it is. Laborers International Union bails on Change-to-Win, back to AFL-CIO. Two-member cases keep NLRB busier than one-armed paper hanger. Quality, not quantity? Majority of Americans support unions -- just barely. UNITE HERE and SEIU settle "divorce".

Read the rest of the...