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A.G. Sues Banks Over Their Use of MERS Electronic 'End-Around'

In his latest broadside against the banking industry, New York Attorney General Eric Schneiderman is alleging that the nation's largest banks use the Mortgage Electronic Registration System to evade public filings, shortchange localities of $2 billion in fees and compromise homeowners' interests. A complaint filed on Friday describes MERS, a Virginia-based digital mortgage tracking service, as "a shell company" established as a stealth mortgagee for banks, particularly JPMorgan Chase, Bank of America and Wells Fargo.

Attorney Sanctions Upheld in 9/11 Conspiracy Case

Sanctions against two attorneys who insist that former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld caused the Sept. 11, 2001, terror attacks have been upheld by a unanimous 2nd Circuit panel that refused to disqualify itself from the case.

CNN Doesn't Get Far in Fight Against Closed Captioning

In a hearing Thursday, a federal magistrate judge seemed to agree with disability advocates that forcing CNN to provide closed captioning on its Internet videos doesn't violate the First Amendment, since closed captioning doesn't require the news organization to summarize, distill or change its content.

Defense wins $1.1M in suit over contract

A breach of contract battle between copier products companies that began three years ago with a Chinese conglomerate suing a family-owned Atlanta company for more than $4 million has concluded with the defendant winning $1.1 million for counterclaims.

Litigator of the Year Winner - David Boies

The Boies, Schiller & Flexner founder explains how he prepared for the key cross-examinations in the Proposition 8 case.

What Causes Lawyers to Over-Preserve?

Irrational fear of sanctions and spotty tech familiarity have conditioned lawyers to over-preserve, says e-discovery special master Craig Ball, but there are options to "right size" the approach.Visit Law Technology News
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A Spiraling Caseload Under the Foreign Corrupt Practices Act

Over the past several years, the government has dramatically increased its efforts to enforce the Foreign Corrupt Practices Act. The number of enforcement actions brought annually by the Department of Justice and Securities and Exchange Commission, which both enforce the statute, has ballooned from an average of two to four in the first 20 years of the statute's existence to more than 30 in both 2007 and 2008. Officials have stated publicly that enforcement efforts will remain active for the foreseeable future, acknowledging that there are approximately 100 cases currently under investigation. With that in mind, it is worthwhile to look at the statute and some of the key trends that are likely to play a prominent role in 2009's enforcement environment.

Calif. Supreme Court to Weigh Oversight in Juror Polling

When San Diego County Superior Court Judge John Einhorn polled jurors for their votes in a wrongful-death case in 2006, he forgot to get one man's answer on two of 13 questions. That might not seem like a big deal, but it was, leading to a California Supreme Court oral argument on Feb. 24 to decide whether the judge's error -- which wasn't noticed by counsel on either side at the time -- requires a new trial.

D.C. Circuit Delivers High-Cost EDD Lesson

A recent decision from the U.S. Court of Appeals for the District of Columbia Circuit affirms an order requiring a nonparty to spend $6 million (9% of its annual operating budget) to comply with an e-discovery subpoena. The D.C. Circuit's ruling highlights the importance of counsel understanding issues related to e-discovery, and the potential scope of that discovery, before entering into any type of agreement governing the future conduct of discovery in the case.

Dealing With Confidential Metadata

What should you do when confronted with possible disclosure of confidential metadata? Conversely, what should you do if you learn that confidential metadata has been disclosed? Some recent cases may offer insight.

Shrinkage at Day Casebeer Shows IP Litigators No Longer Immune to Recession

Even a tiny law firm whose bread is buttered by fattening and relatively recession-proof patent litigation has had to lay off lawyers. So what's the deal with cutting lawyers at a firm that does IP when most every layoff has been blamed on a slowdown in corporate work?

Will Feds Swing at Bonds, or Run to Umpires?

Barry Bonds' trainer may be heading to court for a much-publicized appearance, but the only suspense will come from the prosecutors. Since Judge Susan Illston excluded key government evidence last week, legal observers have been guessing as to whether Assistant U.S. Attorney Matthew Parrella and his team will ask the Ninth U.S. Circuit Court of Appeals to step in, which would push back the perjury trial for months.


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