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Major Supreme Court cases for the new term
Labor & Employment |
2009/10/05 05:27
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Highlights of some high-profile cases that the Supreme Court will take up in its term that begins Monday: _Guns: The Second Amendment's right to keep and bear arms has never been held to apply to state and local laws restricting guns. The court is taking up a challenge to a handgun ban in Chicago to decide whether this right, like many others in the Bill of Rights, acts to restrict state and local laws or only federal statutes. If the court sides with gun rights supporters, lawsuits to overturn all manner of gun control laws are likely. _Animal cruelty videos: A 1999 federal law bars depictions of acts of animal cruelty, including pit bull fights. A federal appeals court overturned a Virginia man's conviction and struck down the law because it impermissibly restricted his First Amendment rights. The Obama administration says courts should treat this issue the same as child pornography and rule that pictures and videos deserve no constitutional protection. _Mojave cross: For most of the past 75 years, a cross on public land in a remote part of the Mojave National Preserve has stood as a memorial to World War I soldiers. The court takes up a long-running legal fight over whether the cross, which Congress declared a national memorial, violates First Amendment religious protections despite Congress' decision to transfer the land to private ownership. _Mutual fund fees: A fight over the fees paid to an investment adviser gives the court a timely chance to weigh in on compensation paid to financial services executives. Individual mutual fund investors claim in a suit that they are paying unreasonably higher fees than institutional investors to the adviser who chooses their funds' stocks. The court could use this case to resolve disagreements among lower courts about whether plaintiffs have to prove merely that the fees are excessive or demonstrate that the adviser misled the mutual funds' directors who approved the fees. |
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Court won't force Ill. to have 'Choose Life' plate
Breaking Legal News |
2009/10/05 02:25
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The Supreme Court has refused to hear an anti-abortion's group request to force a state to issue "Choose Life" license plates. The high court on Monday left in place a federal appeals court ruling that state officials were within their rights in trying to keep viewpoints on abortion off of Illinois license plates. Choose Life Illinois, Inc. sued to force the state to issue the plates. |
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Deal proposed to Lehman Brothers Europe creditors
Business |
2009/10/05 00:26
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The administrators of Lehman Brothers' assets in Europe said Monday that they may seek a direct agreement with hedge funds and other creditors to return money tied up since the collapse of the parent company as an alternative to a court-sanctioned settlement. PricewaterhouseCoopers — which controls some $8.9 billion in assets from Lehman Brothers International (Europe) since the parent company went bankrupt on Sept. 15, 2008 — has proposed a contractual agreement with creditors following an adverse ruling by the High Court in London. The court ruled in July that it had no power to grant the administrators' request to set a "bar date" or deadline for creditors to file claims. PricewaterhouseCoopers is appealing the court ruling, with a hearing expected on Oct. 26, but meanwhile it has disclosed a timetable for the alternate settlement. The administrators sought a bar date because they had not received responses from all clients of Lehman Brothers, they could not depend on the accuracy of Lehmans' record and had not received all the information requested from custodians, depositories and affiliates of Lehman Brothers International (Europe). |
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13 U.S. law-firm mergers in 3rd quarter
Legal Business |
2009/10/02 08:55
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There were 13 law firm mergers during the third quarter of this year, up from seven deals recorded during the second quarter, according to a new report from Altman Weil Inc. Most of the quarter's mergers were tiny acquisitions, reflecting "the continuing caution of law firms in response to the recent economic turmoil," said Bill Brennan, principal of Altman Weil. The meatiest deal reported was Boston-based Bingham McCutchen’s acquisition of McKee Nelson, a 120-lawyer firm with offices in Washington and New York. The merge formed a 1,100-lawyer firm called Bingham McCutchen LLP. Also during the quarter, Washington-based Howrey LLP acquired Day Casebeer Madrid and Batchelder, a Silicon Valley intellectual property boutique. While those two deals involved large firms, eight of the quarter’s 13 deals were all small regional combinations. Brennan explains that law firms are not looking to assume the risks inherent with big mergers right now and are instead scooping up small firms or groups of lateral partners with portable business. There were 25 law firm mergers and acquisitions reported in the first quarter of 2009. |
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Fed Draws Court's Eyes in Lehman Bankruptcy
Securities |
2009/10/02 08:53
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A court-appointed examiner investigating Lehman Brothers Holdings Inc.'s bankruptcy has been exploring whether the Federal Reserve improperly cut in front of other creditors owed money in the $613 billion bankruptcy case, records show. Billing records filed with the court show the examiner is investigating an issue that has angered many of Lehman's creditors: how the Federal Reserve and the New York Fed -- which lent Lehman $46 billion in cash and securities before its bankruptcy filing last September -- were paid promptly and in full, while tens of billions of dollars in other debts were left to be sorted out in court. It remains unclear when and how much Lehman creditors will be repaid. The examiner, Anton Valukas, chairman of law firm Jenner & Block LLP and a former U.S. attorney, said, "I am under a court order not to discuss what we are doing or how we are doing it." Fed loans were crucial to propping up Lehman during its final days, and were part of an extraordinary government attempt to stabilize Lehman in the chaotic weeks of mid-September 2008. The government ultimately quashed a rescue of Lehman, which filed for bankruptcy protection. But its earlier steps now are open to scrutiny in bankruptcy court. Details on the examiner's work remain scant, and it is possible no actions will be brought. Should the examiner determine that the Fed got preferential treatment, bankruptcy administrators could pursue court claims to recover assets for Lehman's creditors from the Fed, on the theory those assets should have remained with Lehman when it filed for bankruptcy last September.
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Gloria Allred on Roman Polanski
Legal Spotlight |
2009/10/02 08:53
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Attorney Gloria Allred, perhaps best know as a zealous advocate for women and women’s rights – and who unbeknownst to many represented Mackenzie Phillips in her divorce and was on Michael Jackson’s enemies list – spoke to Chris Yandek of the CYInterview.com about Roman Polanski saying, “He had the opportunity to live a good life, to be successful in his professional life, but to escape and avoid and the justice system – and now his time has run out. He needs to return and to face justice. And those who are supporting him may have different motives.”
Allred went on to question whether or not Hollywood big shots would support other child predators like Polanski, “I wonder if those who signed a petition in support of Roman Polanski intend to sign other petitions in favor of other sexual predators or is it just a rich and famous sexual predator who may have chosen to support.” She went on to add, “Roman Polanski can direct a movie, but he can’t direct the judicial system. He can produce a movie and he can’t produce necessarily the result he wants in the judicial system because that’s beyond his direction and control.”
She wants people to understand that Roman Polanski is not the victim, “He needs to serve his time. I think there is a lot of defense spin going on out there and allegations against a judge who’s deceased and can’t defend himself. I think there are those that are trying to make Roman Polanski the victim. He’s not the victim. There is a victim in the criminal case and that was a 13 year old, then 13 year old and the other victims are the people of the State of California whose law was violated.”
Chris Yandek is the editor of CYInterview, an outlet that features high profile interviews from Hollywood, sports, and news makers. His interviews are featured by numerous mainstream broadcast, print, and online outlets. http://www.cyinterview.com |
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SC gov asks court to keep ongoing probe secret
Political and Legal |
2009/10/02 08:50
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Lawyers representing South Carolina Gov. Mark Sanford in an ethics investigation are asking the state Supreme Court to keep the report out of the hands of a Legislature expected to consider impeaching him. Sanford has been under pressure to quit since revealing he disappeared for a week from the state in the summer to visit his mistress in Argentina. His lawyer said Wednesday that he wants the court to force the State Ethics Commission to keep its investigation secret until after it decides whether Sanford broke laws by using state planes for personal and political purposes. In August, Sanford said the commission could release its complaint against him. Sanford contends the commission wants to give lawmakers an early report on the probe. Ethics Director Herb Hayden says that will not happen. |
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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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