News. Crime Stories, Law on News and Legal Publications in October, 2011

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Expert liability for ratings agencies
The National Law JournalOctober 1, 2011

Noting this concern, the staff advised that they would not recommend enforcement of Regulation AB's requirements for prospectus disclosure of ratings. The enforcement position was initially effective for six months, and by replacement letter made ...more »

How to revise your company's health care strategy in an age of uncertainty
Smart Business NetworkOctober 1, 2011

... so much stress that employees often use the Federal Medical Leave Act to take time off and are less productive when they finally return to work. Savvy employers are starting to understand the connection between work-related absences, family issues, ...more »

Latest Legal and Criminal News

Administrative Law
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Legal experts: Loughner's only defense is insanity
The Associated PressOctober 1, 2011

Mike Black, a former federal defender who argued four death penalty cases and is now in private practice as a criminal defense attorney in Phoenix, said the Hinckley verdict caused an outcry and drew nationwide reform that limited the insanity defense ...more »

Health Care Law
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Court Can't Kill Health Reform Without Collateral Damage: View
BusinessWeekOctober 4, 2011

If the health-care law's individual mandate is unconstitutional, so is much of what the government has been doing for 80 years or so, and it will be the duty of the Supreme Court to sort through the ruins of the federal government as we know it and ...more »

Admiralty & Maritime Law
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Cell-Penetrating Peptides for Drug Delivery Act Like a Swiss Army Knife: UCLA ...
MedIndiaOctober 6, 2011

Previous research has shown that cell-penetrating peptides, such as the HIV TAT peptide, are able to enter cells using a number of mechanisms. These iclude processes such as direct entry to ...more »

Immigration Law
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Another Immigration Misconception
New York Times (blog)October 4, 2011

Some might be unscrupulous cheats but others would no doubt be members of churches that object to get-tough immigration laws and keep illegal workers out of compassion. That could play badly in swing states, particularly in the midst of a persistent ...more »

Industrial Development Law
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Backer of Collins reaps big money from IDA deal
Buffalo NewsOctober 2, 2011

The arrangement appears to work splendidly for both the Harris Beach law firm and County Executive Chris Collins. Collins in 2008 urged fellow directors on the Erie County Industrial Development Agency to shop around for better prices ...more »

Alternate Dispute Resolution
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Silver Oaks Place mediation talks expected to wrap up next week
Ravenna Record CourierOctober 2, 2011

The formal mediation meetings began Wednesday in Cleveland, and while the parties involved cannot comment on the discussions, they may be done by Monday or Tuesday, said Arlyne Habeeb, director of community outreach services at Community Action Council ...more »

Insurance Litigation
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IN MATTER OF IRREVOCABLE FUNDED LIFE INSURANCE TRUST ESTABLISHED
Leagle.comOctober 6, 2011

The facts regarding this estate, the two trusts, and much of the protracted litigation history are set forth in our unpublished opinion following Lynn's first appeal, In the Matter of the Irrevocable Funded Life Ins. Trust Established by Joseph ...more »

Animal Law
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Wausau might revisit animal leash law
Wausau Daily HeraldOctober 4, 2011

The committee took no action on a prohibition on weapons in city parks before the state's concealed carry law takes effect Nov. 1. Marathon County is in the process of assembling an ordinance banning weapons from county buildings, a rule that will be ...more »

Intellectual Property
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Samsung, Oracle, AstraZeneca, EA, Berjaya: Intellectual Property
BloombergOctober 6, 2011

“Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology,” Samsung said. Apple this week introduced the iPhone 4S equipped with a faster processor, a higher-resolution camera and a new software ...more »

Asbestos Litigation
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Attorney shuffle sparks dispute among officials
Northwest HeraldOctober 2, 2011

He said Leist is no longer handling the case because of “procedural posture” but declined to comment further because it is pending litigation. “It's been pending for 18 months,” Bianchi said. “I expect an expeditious resolution. ...more »

Labor & Employment Law
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Most Ohio union workers affected by insurance rule
ForbesOctober 5, 2011

COLUMBUS, Ohio -- Employees of more than 550 school districts, townships and other government units across Ohio will see their share of health care costs rise if voters approve a collective bargaining law...more »

Congress OKs Another FAA Extension
Aviation International NewsOctober 2, 2011

Meanwhile, the federal treasury lost nearly $400 million in airline ticket taxes and general aviation fuel taxes because the FAA no longer had the authority to collect the fees during the two weeks that it took Congress to approve the 21st extension. ...more »

Landlord & Tenant Law
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Sacrificing jobs to protect landlords is plain wrong
Irish IndependentOctober 5, 2011

That said, it is still clear that the overwhelming victims were the small tenant farmers, who were crushed by a legal system that supported the rights of landowners over all others. Legal inflexibility and political inactivity led to revolution where ...more »

Bankruptcy Law
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Delaware is pro sports teams' home court
The News JournalOctober 2, 2011

"For the Stars, it looks like they want to get in and out as quickly as possible, and Delaware is typically the best place to do that," said Evan Flaschen, a bankruptcy attorney in Connecticut with law firm Bracewell & Giuliani LLP. ...more »

Litigation
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Ben DuBose Recognized by Thompson Reuters as a "Super Lawyer"
Sacramento BeeOctober 4, 2011

Mr. DuBose has led the way to discover the asbestos-containing properties of many products previously unknown in asbestos litigation. He was also part of a legal team working with Trial Lawyers for Public Justice seeking to prevent recent efforts by ...more »

Business Law
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AP Exclusive: US fugitive claims new identity
Sacramento BeeOctober 1, 2011

AP LISBON, Portugal -- The lawyer for George Wright says the captured American fugitive will claim a new identity to prevent the US from extraditing him. Lawyer Manuel Luis Ferreira had told The Associated Press that Wright became a Portuguese citizen, ...more »

Military Law & Military Benefits
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La Sierra Military Academy color guard in Tulare County gets flags
Visalia Times-DeltaOctober 3, 2011

The event benefits the Craig School's $100000 scholarship endowment that awards two to three scholarships each year to students. Guests will sample wines from Twin Pomegranates Wine, Engelmann Cellars, E&J Gallo Winery and Chamisal Vineyards. ...more »

Computer & Internet Related Crimes
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Maine School Employee Charged With Child Porn
WMTW PortlandOctober 4, 2011

Sgt. Glenn Lang of the State Police Computer Crime Unit said Tuesday that detectives moved immediately after learning that an Internet protocol address associated with websites that distribute child pornography led to someone employed by the school ...more »

Personal Injury
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Crack Down on Rogue Text ads but Leave No Win No Fee Alone - say Lawyers
Einnews PortugalOctober 13, 2011

Personal Injury specialists at DBS law are warning the public that the Government's Legal Aid, Sentencing and Punishment of Offenders Bill, which gets its third reading today, will seriously reduce their access to justice while doing nothing to cut the ...more »

Constitutional Law & Civil Rights
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High Court Indirectly Tackles Gun Rights and Church/State Divide
Wall Street Journal (blog)October 4, 2011

But in a brief defending the state's gun laws, Maryland Assistant Attorney General Brian Kleinbord wrote, “The Second Amendment does not bar a state from requiring residents to obtain a permit before carrying handguns outside the home,” the Christian ...more »

Professional Malpractice
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Chicago Medical Malpractice Attorney Says Better-Informed Decisions Will ...
PR Web (press release)October 3, 2011

... Chicago medical malpractice attorney Patrick A. Salvi said today. “This will be valuable new tool for the public to use in their search for qualified physicians,” said Salvi, whose Chicago medical malpractice law firm, Salvi, Schostok & Pritchard ...more »

Consumer Protection
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Do we really need an advertising authority?
The Media OnlineOctober 5, 2011

The advent of the Consumer Protection Act and a Consumer Council, plus growing pressure on media owner margins, may force advertising's long-standing 'referee', the Advertising Standards Authority, to close. Sandra Gordon considers the ...more »

Real Estate Law
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Gov't report: Fannie knew of 'robo-signing' in '03
MiamiHerald.comOctober 4, 2011

AP Real Estate Writer WASHINGTON -- Mortgage giant Fannie Mae knew about allegations of improper foreclosure practices by law firms in 2003 but did not act to stop them, a government watchdog says. Similar allegations are the subject ...more »

Midsize firms face risk management challenges overseas
Business InsuranceOctober 2, 2011

Mid-market firms also should take note of local laws and customs governing their foreign partners, as well as domestic regulations for international trade. Many countries do not permit transactions with firms covered by nonadmitted insurers, ...more »

Sports Law
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New laws to get around Right To Information act
Hindustan TimesOctober 16, 2011

India's transparency law - the Right To Information Act - will not change but the government wants to restrict its applicability to some areas of sports and nuclear safety through other laws. Authority Bill - have specific provisions prohibiting ...more »

Criminal Defense
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Criminal Defense Attorney Venus Niner Moves to New Office
PR.com (press release)October 3, 2011

Winner of Tennessee Supreme Court and Court of Criminal Appeals Cases Moves to New Office in Franklin, TN. Franklin, TN, October 03, 2011 --(PR.com)-- Franklin defense criminal attorney Venus Niner – winner of Tennessee Supreme Court and Court of ...more »

Redesign the IRS Web Site
ForbesOctober 4, 2011

I landed in the City of Brotherly Love by way of Temple University School of Law. While at law school, I interned at the estates attorney division of the IRS. At IRS, I participated in the review and audit of federal estate tax returns. ...more »

Retirement: post DRA, the performance management of older staff will come to ...
HRmagazine.co.ukOctober 11, 2011

Retirement age conveniently meant they didn't have to." The tables have turned and staff [in theory] self-retire - but far from this removing age discrimination, North fears it will only increase. "For all the benefits of keeping older people, ...more »

Trusts & Estate Planning
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RTS Offers Services to Support New Swap Execution Facilities as Dodd-Frank Act...
MarketWatch (press release)October 3, 2011

CHICAGO, Oct., 3, 2011 /PRNewswire via COMTEX/ -- The US Dodd-Frank Wall Street Reform and Consumer Protection Act has spawned the creation of regulated Swap Execution Facilities (SEFs) that must capture trades electronically and offer central clearing ...more »

Environmental Law
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Harrisburg, Innkeepers, Madoff, Nebraska Book: Bankruptcy
BusinessWeekOctober 13, 2011

Preceding the bankruptcy filing, the city council again rejected a state-sponsored workout that would have required new taxes and asset sales to avoid a bankruptcy filing. Unlike companies whose Chapter 11 filings are rarely dismissed, a municipality...more »

Wills & Probate
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Barnes Foundation's disputed relocation is upheld by judge
Los Angeles TimesOctober 6, 2011

Judge Stanley Ott of Montgomery County Orphans Court (the equivalent of a probate division judge in California's Superior Courts) ruled Thursday that there's no reason to revisit his 2004 decision allowing the Barnes Foundation to abrogate the will of ...more »

Family Law
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Indiana lawsuits could have broad implications for same-sex couples
Chicago TribuneOctober 2, 2011

"We generally believe it will be up to the Legislature to decide whether to rewrite the laws concerning liability and beneficiaries, and up to the courts to decide how to interpret those laws," Zoeller said. Two other lawsuits seek damages from concert ...more »

Workers Compensation
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Opinion: Michigan's workers' compensation system needs modernizing
MLive.comOctober 20, 2011

By Chuck Hadden | Business Review Workers' compensation, mandatory for most employers, is insurance that covers wage compensation and medical expenses for workers injured in the course of their job. Workers' compensation also protects a business from ...more »

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