No Relief for AdSurf Ponzi
(Psychology of Compliance " Due Diligence Law)AdSurf Ponzi Get your own at Scribd or explore others: Law Opinions adsurf ponzi This is the end of the line for this particular incarnation of ad surfing money laundering schemes. I did like this from the Judge about Gerald Merha: "Mr. Nehra demonstrated the fallibilities of the professional expert witness, who was defensive on his client's behalf rather than neutral in his expertise" Related articles by Zemanta Colombia Seeks Arrests In Pyramid Scheme Colombian scam suspect extradited Colombia ...
November 21, 2008 04:03 pm
Texas Supreme Court Orders & Opinions 11/21/08
(Texas Appellate Law Blog)... the mineral interest owner's participation in the pooled unit. The Court remanded for a reassessment of the operator's damages and a determination whether the operator was entitled to equitable reimbursement for drilling or other pre-termination costs. Sonat Exploration Co. v. Cudd Pressure Control, Inc. (No. 06-0979), agreeing for different reasons with the court of appeals' conclusion that Louisiana law applied and that the case should be remanded to the trial court for further proceedings.
November 21, 2008 03:11 pm
Jones Day Wins Round in Blockshopper Case
(Legal Blog Watch)More news in the lawsuit by law firm Jones Day against the Web site BlockShopper.com. You may remember that as the case that Public Citizen lawyer Paul Alan Levy, in a post at the Consumer Law & Policy Blog, said...
November 21, 2008 03:09 pm
Online Law Grad Sidesteps Accreditation Hurdle
(Legal Blog Watch)For the first time in Massachusetts, and perhaps for the first time anywhere outside California, a graduate of an online, unaccredited law school will be permitted to take the state bar examination. Ross E. Mitchell, a graduate of the wholly...
November 21, 2008 03:06 pm
Hot Off the Presses: Federal Judicial Center Issues New Report on CAFA
(Consumer Law " Policy Blog)... and outcomes in class actions filed before and after CAFA. This initial report examines a sample of diversity class actions filed in or removed to federal courts in the two years before CAFA's effective date. It seemed clear when CAFA was enacted that the law would have its intended jurisdictional effect: comparatively more diversity class actions would end up in federal court as opposed to state court. To be sure, it is important to know whether the total number of filings was affected by CAFA. ...
November 21, 2008 02:54 pm
Globalization of Law Practice - II
(Legal Profession Blog)Posted by Jeff Lipshaw Trevor Faure now speaking; he's the European GC for Tyco. He's a British barrister but not wearing his wig and gown. Like most in-house lawyers in my experience, me included, he's taking a business approach that...
November 21, 2008 02:35 pm
Need a sample outline or exam?
(CM Law Library Blog)Findlaw.com provides various outlines and exams broken down by area of law. Some of the material is slightly dated, but could still be useful when studying or preparing for exams. Findlaw does not maintain the links, so some of the links they provide may be dead. Findlaw - Outlines & Exams For more sample outlines go to: Legalnut.com or Georgetown Law SBA Outline Bank
November 21, 2008 02:31 pm
Globalization of Law Practice
(Legal Profession Blog)Posted by Jeff Lipshaw The first panel is an overview of law firm globalization with James Jones of Hildebrandt, Trevor Faure, the European GC for Tyco International, and Peter Kalis, the managing partner of K&L Gates. Jones starts with an...
November 21, 2008 02:20 pm
Brace For Impact - January 1st - The new ADA Amendments
(Pennsylvania Labor and Employment Blog)... webinar to discuss these new changes to the ADA and what employers should know before the amendments take effect on January 1, 2009. Please join Samuel N. Lillard and Michael A. Moore, attorneys with McNees Wallace & Nurick's Labor & Employment Law Practice Group, as they tell you exactly what the new legislation means for employers and what your business should do to comply with the new amendments and avoid costly litigation. Thursday, December 4, 2008 12:00 PM - 1:00 PM EST : Online ...
November 21, 2008 02:13 pm
Live Blogging From Harvard Program on Globalization of the Legal Profession
(Legal Profession Blog)Posted by Jeff Lipshaw I am sitting in the Ropes & Gray Room in Pound Hall at Harvard Law School, next to Bill Henderson, attending a day-long program on the globalization of the legal profession. Right now, Dr. David Nersessian,...
November 21, 2008 02:04 pm
Agambe, Hobbes and Liberalism: some incoherent thoughts
(Law and Disorder)... of a commonwealth, every particular man is author of all the sovereign doth: and consequently he that complaineth of injury from his sovereign, complaineth of that whereof he himself is author... (1998: 117) (Again, the strategy outlined at p. ... is unconditional obligation and external coercion, while freedom is ensured and recognized within definite boundaries. Law appears both as the basis of social organization and as the means for individuals "to be disassociated, yet integrated in society" ( ...
November 21, 2008 01:47 pm
... and US sign Memorandum for Copyright Strategic Cooperation (Panawell & Partners) Draft Implementing Regulations of the Chinese Patent Law published for public opinion (Panawell & Partners) Courts across country concluded 130,000 IPR cases in first ... Godwin (Peter Zura's 271 Patent Blog) In re Bilski and its impact on business method patents (International Law Office) Bilski to raise questions for different industries (Managing Intellectual Property) Software method claims: Bilski in light ...
November 21, 2008 01:36 pm
Deep thoughts on the structure of appellate review
(Sentencing Law and Policy)Anyone following the post-Booker jurisprudence surrounding reasonableness review cannot help but ponder the nature and value of appellate review of sentencing decisions. For anyone really eager to go deep into the topic of appellate review, the latest issue of the Vanderbilt Law Review has these two new pieces worth checking out: Tracy E. George & Chris Guthrie, "The Threes": Re-Imagining Supreme Court Decisionmaking, 61 Vand. L. Rev. 1825 (2008). Jonathan Remy Nash & Rafael I. Pardo, An ...
November 21, 2008 01:24 pm
Aroney on Free Speech in Australia
(Legal Theory Blog)... TC Beirne School of Law) has posted A Seductive Plausibility: Freedom of Speech in the Constitution (University of Queensland Law Journal , Vol. 12, No. 2, pp. 249-274, 1995) on SSRN. Here is the abstract: The seductive ... of implications and inferences in constitutional interpretation, based on several values generally associated with constitutionalism and the rule of law. In so doing, the article also discusses the way in which the jurisprudence of other countries, in particular Canada and the ...
November 21, 2008 01:20 pm
Advances in Diagnostic Testing
(Brain Injury Lawyer)... the society for neuroscience in Washington, D.C. According to a report published in USA Today, researchers from the University of California-San Diego combined "two advanced brain scanning techniques-MEG (Magnetoencephalography) and DTI (Diffusion Tensor ... study, stated "More research is needed before the dual technology can be used clinically in patients with such injuries (MTBI)." Also presenting at the annual meeting were researchers from the University of Miami (Andrew Maudsley) who "reported ...
November 21, 2008 01:08 pm
Members of Congress push for commutation of Border Agent sentences
(Sentencing Law and Policy)... House members said Thursday that Bush should commute the sentence of the two men before he leaves office to show his concern for law enforcement officers and the danger of their jobs. They asked the Justice Department to recommend the agents' cases to Bush.... ... William Delahunt, D-Mass. and Republican Reps. Ted Poe of Texas, Dana Rohrabacher, Howard McKeon and Ed Royce of California and Walter Jones and Sue Myrick of North Carolina. Some prior posts about the Border Agents case: President-elect ...
November 21, 2008 01:08 pm
New Louisiana Regulation Creates Safe Harbor For Certain Equity-Based Compensatory Plans of Privately-Held Companies
(Louisiana Law Blog)... and sales of "securities" must be registered unless there is an applicable exemption from the federal and state securities laws. The most commonly known exemption is the private placement exemption set forth in Regulation D promulgated by the Securities ... Securities Act of 1933 (and corresponding private placement exemptions under applicable state "blue sky" laws). Regulation D was primarily designed to facilitate capital raising transactions, as opposed to employee stock option or stock purchase ...
November 21, 2008 01:02 pm
Signs o the times? DLA Piper asks Partners to Contribute Capital.
(Legal Ethics Forum)I'm in Minneapolis, so the reference to Prince seemed appropriate. DLA Piper has asked partners to contribute up to $150,000 to shore up its balance sheets, according to this report. Some said it was good, others bad, some characterized it as a pay cut, others as a prudent move... perhaps it's a sign o the times, however we characterize it. Bryan Cave says no raises, no bonuses, but no layoffs, according to this article. And Mayer Browns lays of more than 30, according to this Now, how do I ...
November 21, 2008 12:55 pm
Big Ohio Firm's TM Suit Against Blockshopper Proceeding
(Legal Ethics Forum)I don't want to mention its name for fear of a trademark suit, but there's a large law firm headquartered in Ohio (I hope Ohio doesn't start suing people who use its name) that has the initials J D (and I think it used to be J D R P), that filed a lawsuit for trademark infringement against a firm for linking to pages on the firm's web page. I blogged about it below. Just now, I read a news blip on BNA that said the judge had denied a 12(b)(6) motion. I can't find the papers on line, however, but ...
November 21, 2008 12:47 pm
Reed on Online Personalities
(Legal Theory Blog)... , their real-world personality. This article explores three questions: whether the redress mechanisms built in to those online spaces provide sufficient remedies that the criminal law should, at least for the present, stand aloof; whether existing criminal law can protect those online personae; and whether the law might be extended to protect them on the basis that they are some kind of property or exhibit sufficient elements of personhood.
November 21, 2008 12:45 pm