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Colorado lawmakers shoot down 'Make My Day' law for business

Business owners, holster those guns: Colorado?s "Make My Day" law still does not apply to the state?s workplaces.

Corporations push for hourly fee alternatives

In an effort to ride out a down economy, it?s becoming standard for law firms to offer deep discounts on traditional hourly rates in an effort to attract and retain clients.

Distressed asset legal work plentiful in Central Texas

Distressed asset legal groups are still plugging away in Central Texas.

Kara Veitch - Forty under 40 winner

Kara Veitch Title: Senior associate Company: Isaacson Rosenbaum PC Age: 35 Key civic affiliations: Babies Now!, Women?s Bean Project, Colorado Women?s Bar Association, Colorado Bar Association, Asian Pacific American Bar Association of Colorado

Ken Starr to speak at University of Louisville

Ken Starr, the former federal judge and prosecutor who investigated President Clinton?s affair with White House intern Monica Lewinsky, will be a special guest speaker on Monday, March 22, at the University of Louisville?s Brandeis School of Law.

Nexus Technologies of Phila. pleads guilty in Vietnam bribe case

Export company Nexus Technologies Inc. pleaded guilty Tuesday to participating in a conspiracy to bribe Vietnamese government officials, federal prosecutors said.

Superior Uniform model a ?vertical for smaller law firms to outsource?

Two Clearwater lawyers who basically became legal staffing services guinea pigs for The Office Gurus, a unit of Superior Uniform Group Inc., have no regrets about their expanded ways of doing business.

Troutman Sanders opens Portland office

An Atlanta law firm plans to open an energy-focused practice in downtown Portland.

Work force legalities

Many firms that laid off workers to survive the Great Recession may find themselves at risk of being sued for labor-related claims regarding terminations, discrimination claims and other issues.
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9th Circuit Judge Bucks Tide on Ashcroft's Liability for Detention

Ninth Circuit Judge Milan Smith Jr. drew a torrent of opposition from Republican-appointed colleagues over his decision last year to allow a suit against John Ashcroft to go forward. The case, brought by a Muslim American who claims the Justice Department abused a material witness statute to lock him up, drew a call for en banc review, which failed. Eight 9th Circuit judges dissented Thursday. But Smith fought back, simultaneously issuing a rare concurrence to the denial of en banc review.

Drugstore Chain Denies Owing Kasowitz $7 Million 'Success Fee'

Duane Reade Holdings has denied owing Kasowitz Benson the $7 million "success fee" the firm claims it is owed in a suit filed last month. The law firm said its former client refused to pay it part of a more than $39.5 million settlement in a contract dispute between the drugstore chain and ATM operator Cardtronics. In an answer filed in New York court, Duane Reade countered that Kasowitz had no valid and enforceable agreement for the fee, was not involved in the final stages of the litigation and had already been paid.

Fla. Court Upholds $24 Million Verdict Against Tobacco Companies

A nine-year-old products liability case produced a major victory over tobacco companies Wednesday when a Florida appeals court upheld a $24.8 million award to a man who died of cancer shortly after trial. The appellate panel offered no legal reasoning in its unsigned one-paragraph decision in John Lukacs' case against cigarette makers Philip Morris USA, Brown & Williamson and Liggett Group. Several plaintiffs attorneys said the decision is a landmark that will embolden those fighting tobacco companies.

Former Nixon Peabody Lawyer Settles With SEC in Insider Trading Case

Melissa Mahler, a former Nixon Peabody lawyer, has reached a financial settlement with the Securities and Exchange Commission to resolve the federal insider trading case filed against her last year. Under the terms of the settlement, Mahler does not have to admit or deny the allegations lodged against her in exchange for paying back the $5,800 she made off the illegal trade, interest on that amount and additional penalties.

Quantum Meruit Gives N.J. Firm Clean Sweep in Fee-Collection Suit

A New Jersey law firm stiffed on its fees by a corporate client can collect from the company's principals, a state appeals court held, overturning a ruling that absolved four stakeholders of liability for $116,000 owed to Cole, Schotz, Meisel, Forman & Leonard. The four did not dispute that they benefited from the representation, but argued they shouldn't have to pay the bill because they never agreed to be responsible for it. But the court said they share in the company's liability under the doctrine of quantum meruit.

Sonnenschein Denied Rehearing in Former Partner's Suit Over Fees

The D.C. Court of Appeals denied Sonnenschein Nath & Rosenthal's request for an en banc rehearing in its legal battle with former partner Douglas Rosenthal on Thursday, meaning the firm could now potentially owe more than $1 million in damages. Rosenthal sued Sonnenschein in 2005, saying he had been unfairly compensated for millions in fees he generated for his old firm, including those from representing the families of victims killed in the bombing of Pan Am Flight 103.
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A Litigator's Guide to the ?Siren Song? of ?Consumer Law? Class Actions

Statutory consumer-protection laws are rapidly displacing common law tort principles. Those behind this disturbing trend say that these lawsuits (typically class actions) represent a ?different avenue of relief for a different type of injury.? Most admit, however, that they are actually running consumer class actions for ?risk of injury? because personal-injury class action torts are too difficult to certify.

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.

null: American Express Merchants' Litigation v. American Express Travel Related Services Co.

Class action waiver in charge card agreement could not be enforced where doing so would grant card issuer de facto immunity from antitrust liability by removing plaintiffs' only reasonably feasible means of recovery (considering, as matter of first impression in circuit, enforcement of mandatory arbitration clause in commercial contract that also contains class action waiver, but avoiding question whether class action waiver provisions are void or enforceable per se).

null: In re Swegan

Where Bankruptcy Appellate Panel reversed bankruptcy court's grant of summary judgment on debtor's motion to discharge debt, and further remanded adversary action for trial, order was non-final and thus fell outside jurisdiction of court of appeals.

null: Slupinski v. First Unum Life Insurance Co.

Successful claimant under ERISA long-term disability benefits plan was entitled to recover attorney fees where plan first terminated benefits on basis of medical reports that, even if credible, were outweighed by many other medical opinions confirming disability, and then refused to reinstate benefits on basis of unsupported recommendation by in-house physician; among other things, insurer's conduct evinced sufficient culpability to weigh in favor of attorney fee award for claimant.

Patent Damages Analysis

The determination of damages for patent infringement by way of a reasonable royalty is no simple matter, typically requiring sophisticated expert opinion testimony.


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