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ALA's Annual Educational Conference and Exposition
Events and Seminars | 2007/03/27 11:59



Your Opportunity Has Arrived --
Join Us April 30–May 3, in Las Vegas for ALA’s 36th Annual Conference

The legal management profession can be fraught with risks. Whether it’s choosing the right hire, negotiating office leases, establishing succession plans or selecting appropriate vendors, your decisions affect your firm … and its bottom line. In four days, ALA’s Annual Conference will provide you with numerous education and networking opportunities that will help you meet the demands and overcome the challenges that you face each day.

This is where it all comes together –

All the resources you need to increase your professional and personal development will be there. There are more than 100 sessions and workshops dedicated to the essential competencies you need to be at your most effective every day. Use the Conference to increase your awareness of the latest management and technological trends in the legal industry, to gain additional insights into specific subject areas that you need, and to refresh your professional and personal development by re-connecting with your colleagues in legal management.

The ALA Annual Conference is your best Opportunity to Continue Your Education

When: April 30th - May 3, 2007
Where: Las Vegas, NV
http://www.alanet.org/conf/index.html



Latham & Watkins Represent Beckman Coulter
Law Firm News | 2007/03/27 10:52


Beckman Coulter, Inc. and Biosite, Inc. have announced an agreement whereby Beckman Coulter will acquire all of Biosite's outstanding common stock in a cash tender offer of $85 per share, or approximately $1.55 billion on a fully diluted share basis, as detailed below. It is currently expected that the transaction will close in the second quarter of 2007. Latham & Watkins LLP represents Beckman Coulter with a corporate team led by partner Paul Tosetti in Los Angeles and partners Cary Hyden and Jonn Beeson in Orange County, with associates David C. Lee, Bjorn Johnson, Darcy Down and Bryan Zech.  Los Angeles partners Mary Ruhl and Cici Rotell and associate Brian Agboh are advising on financing matters; Los Angeles partner Laurence Stein and associate Pardis Zomorodi on tax; Los Angeles partner James Barrall and associate Cynthia Kao on benefits; Washington, D.C. partner Tad Lipsky and of counsel Sydney Smith, with San Francisco partner Karen Silverman and associate Joshua Holian on antitrust; Orange County partner Joseph Farrell on labor; Orange County of counsel Christopher Norton on environmental issues; Silicon Valley partner Anthony Klein on intellectual property; Los Angeles partner Manny Abascal on litigation diligence; and Washington, D.C. partners John Manthei and Carolyne Hathaway with associate Seth Mailhot on regulatory issues.

www.lw.com


Supreme Court rejects tribal appeals
Legal Business | 2007/03/27 09:02

The Supreme Court on Monday rejected appeals by American Indians to step into a decade-old lawsuit accusing the government of mismanaging more than $100 billion in oil, gas, timber and other royalties from their lands. The justices declined to disturb an appeals court ruling that removed U.S. District Judge Royce Lamberth from the case.

The appeals court said Lamberth, who held successive Democratic and Republican Interior Department secretaries in contempt of court, had lost his objectivity in the case.

The court also refused to review another appeals court ruling that reversed Lamberth’s order that the Interior Department disconnect its computers from the Internet for failing to provide adequate security for the Indians’ trust records.

The class-action suit, filed in 1996 by Elouise Cobell of the Blackfeet Tribe in Montana, deals with individual Indians’ lands. Several tribes have also sued, claiming mismanagement of their lands.

Earlier this month the government proposed paying $7 billion to settle the lawsuits, but only roughly half of that would go to the plaintiffs.

Lawmakers have said they plan hearings on the proposal. The Indians have said they would accept $27.5 billion to end the litigation.



Foley D.C. Attorneys Named "Super Lawyers"
Law Firm News | 2007/03/27 08:57



Foley & Lardner LLP announced today that two attorneys in its Washington, D.C. office have been named 2007 "Super Lawyers" by Law & Politics Media, Inc.

The Foley attorneys named and their primary practices as classified by Law & Politics are Richard G. Stoll, environmental and administrative law and Jay N. Varon, antitrust litigation.

Richard G. Stoll is a partner and a member of the firm's Environmental Practice. Stoll concentrates his practice on federal administrative and environmental law matters. He counsels corporations and trade associations on environmental issues before the U.S. Environmental Protection Agency (EPA) and state environmental agencies. He also represents clients in a variety of administrative law issues before other federal agencies. Stoll serves as an expert witness and arbitrator in environmental litigation and environmental disputes and handles EPA and state enforcement actions and rulemaking challenges.

Jay N. Varon is a partner in the firm's Antitrust Practice. He has litigated a broad cross-section of commercial cases around the country, including antitrust and unfair competition, consumer finance and deceptive trade practice involving matters relating to the Real Estate Settlement Procedures Act of 1974 ("RESPA"), the Fair Credit Reporting Act, ("FCRA"), Truth In Lending Act ("TILA"), "fair lending" and related federal and state unfair trade practice and consumer protection laws, as well as cases dealing with trade secrets, employment, environmental, business tort, securities fraud, product liability and breach of contract issues. He is a former chair of the firm's Antitrust Practice and of its Washington, D.C. Litigation Department.

To compile the annual list, Law & Politics surveyed more than 17,000 lawyers practicing in the District of Columbia, asking them to vote for the best lawyers they have personally observed in action. The final list features the top five percent of Washington attorneys in more than 60 areas of practice and will be published in the June issue of Washington Law & Politics and in a special supplement in The New York Times. Foley & Lardner LLP provides the full range of corporate legal counsel. Our attorneys understand today's most complex business issues, including corporate governance, securities enforcement, litigation, mergers and acquisitions, intellectual property counseling and litigation, outsourcing and information technology, labor and employment, and tax. The firm offers total solutions in the automotive, emerging technologies, energy, entertainment and media, financial services, food, golf and resort services, insurance, health care, life sciences, nanotechnology, and sports industries.



Pricing rules divide high-court justices
Breaking Legal News | 2007/03/27 08:52

Consumer protection collided with modern economic theory yesterday as the Supreme Court wrestled with a 96-year-old standard intended to promote competition. At issue is a 1911 Supreme Court ruling that is based on an assumption that any agreement between a manufacturer and stores to set minimum retail prices for products is almost always anti-competitive.

Not so, said Washington attorney Theodore Olson, representing a manufacturer of women's accessories.

The idea that such agreements are automatically illegal is "outdated, misguided" and the restriction itself is anti-competitive, Olson argued.

The case stands at the intersection of discount chains and such niche retailers as Kay's Kloset in Texas, which lowered its prices below an agreed-upon minimum with manufacturer Leegin Creative Leather Products Inc. Leegin cut off its shipments to the family owned business when Phil and Kay Smith refused to raise their prices.

Leegin said that by maintaining price consistency among its retailers, stores can offer improved customer service. The extra service, said the manufacturer, enables smaller stores to compete against rival brands sold by bigger cut-rate competitors.

If the old standard is abandoned, what about the argument that every American will pay far more, asked Justice Stephen Breyer.

Representing the Bush administration, Deputy Solicitor General Thomas Hungar said that there is a consensus among economists that such agreements are not necessarily anti-competitive.

Consumers "want other things besides cheap," said Justice Antonin Scalia. Some consumers prefer more service at a higher price, said Scalia, and the fact that such price-floor agreements might raise prices "does not prove anything."

The Smiths successfully sued Leegin, and the 5th U.S. Circuit Court of Appeals affirmed the jury's finding that Leegin and its retailers agreed to fix retail pric-es on the manufacturer's Bright-on brand.

If Leegin can get the 1911 Supreme Court ruling overturned, it would be much more difficult for the Smiths to prevail because they would have to show that the Leegin agreement is anti-competitive.



Tony Snow's Cancer Spreads To Liver
Politics | 2007/03/27 08:50

White House Press Secretary Tony Snow told the White House Tuesday that a growth discovered in his lower abdomen is cancerous. Snow reported that the cancer has spread to the liver, according to deputy Press Secretary Dana Perino. He is consulting with doctors on chemotherapy, Perino said, adding that Snow spoke with the president. Perino said Snow is feeling "pretty good." Perino said Snow told her, "I'm gonna beat it again."

President Bush, making a brief statement to reporters in the Rose Garden, struck an optimistic tone that echoed how aides said Snow was feeling. Mr. Bush said he looked forward to the day when Snow returns to the White House.

"His attitide is one that he is not going to let this whip him," Mr. Bush said. "My attitude is that we need to pray for him."

Snow underwent surgery Monday to remove a small growth in his lower abdomen, a procedure he said last Friday was being done "out of an aggressive sense of caution" because he had colon cancer two years ago.

Doctors determined that the growth was cancerous, and found during the surgery, which was exploratory, that his cancer had metastasized, or spread, to his liver, Perino said.

On the floor of the House of Representatives, Congressman Roy Blunt, R-Mo., said, "I've known Tony, we've all known Tony, for a long time and my belief is if anybody has the stamina and the fortitude and the positive nature to deal with this challenge, he has it," Blunt, who has also battled cancer, said.

"We're wishing him well and frankly hope he is back to work soon, because we need him," Blunt said.



Supreme Court hears antitrust case
Court Watch | 2007/03/27 08:49
The US Supreme Court heard oral arguments Monday in the case of Leegin Creative Leather Products, Inc. v. PSKS, Inc., 06-480, in which a clothing manufacturer requests the Court to overrule a 1911 Supreme Court decision, Dr. Miles Medical Co. v. John D. Park & Sons Co. that held any minimum price agreement to be per se illegal and anti-competitive. In the present case, manufacturer Leegin ceased supplying goods to retailer PSKS after PSKS lowered its prices beneath the minimum set by the manufacturer. Leegin argued that such agreements foster competition among smaller retailers by preventing large retailers from setting extremely low and predatory prices. The trial court found that Leegin's actions violated the Sherman Antitrust Act and awarded PSKS treble damages. The US Court of Appeals for the Fifth Circuit affirmed the decision in favor of PSKS. Associate Justice Stephen Breyer speculated that dropping the per se rule would raise prices, while Associate Justice Antonin Scalia suggested that some consumers prefer to pay more in return for greater customer service.


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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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