Printable version (PDF) 

ABA

See AMERICAN BAR ASSOCIATION (ABA)

ABORTION

– Buffer zone around clinics, Mass. law not violation of anti-abortion counselors' free speech rights (1st Cir.), 1038
– Drugs, law barring physicians from prescribing RU-486 for off-label uses upheld (Ohio), 1036
– Parental notice law in Ill., judicial bypass clause upheld (7th Cir.), 1055
– Partial birth infanticide, Va. ban upheld (4th Cir., en banc), 1004
– Supreme Court nominee Sotomayor, abortion rights discussed at confirmation hearings, 2048

ABSTENTION

– Zoning, federal court abstention generally improper for claims premised on local land use law (6th Cir.), 1115

ACCOUNTING

– Education, legislative directive to state comptroller to audit charter schools is invalid (N.Y.), 1023
– Financial reporting, SEC, PCAOB, and FASB annual testimony on transparency efforts

See LEGISLATION, FEDERAL, HR 2664

– Generally accepted accounting principles, online codification of, In Brief, 2015
– Sarbanes-Oxley Act

See SARBANES-OXLEY ACT

ADA (AMERICANS WITH DISABILITIES ACT)

See DISABILITY DISCRIMINATION

ADEA (AGE DISCRIMINATION IN EMPLOYMENT ACT)

See EMPLOYMENT DISCRIMINATION

ADMINISTRATIVE PROCEDURE

– APA claim of adverse effect from agency action, dismissal reasons (D.C. Cir.), In Brief, 1091
– Judicial review

– – Food Stamp Act, trial de novo provision, circuit split roundup, 1012
– – Telephone excise tax refund, taxpayers may challenge IRS procedure without exhausting administrative remedies (D.C. Cir.), 1109

– Jurisdiction

– – FERC may review Installed Capacity Requirement for electrical generation facilities (D.C. Cir.), 1007
– – NLRB authority to issue decisions, two-member board, circuit split roundup, 1012
– – PTO rulemaking authority, patent application continuations and claims (Fed. Cir., rehear en banc grant), In Brief, 1076
– – State agency, federal district court has diversity jurisdiction to review decision by (9th Cir.), 1048

– Rulemaking process

– – EPA tells advisory council that justice concerns to be addressed earlier, 2063
– – Forest Service, roadless areas rulemaking violated Natl. Envtl. Policy and Endangered Species Acts (9th Cir.), 1083

– Timeliness of EEOC complaints

– – Accrual rate of pension benefits, Ledbetter Fair Pay Act applies to age bias claim (D. Colo.), 1134
– – Charge-filing periods for compensation bias, agency revises manual, In Brief, 2116
– – Faxed complaint, confirmation from sender's machine creates factual dispute on timeliness (7th Cir.), 1122
– – Sex bias in pay, failure to answer raise request is compensation decision for timeliness purposes (3d Cir.), 1149

ADMIRALTY LAW

See MARITIME LAW

ADR (ALTERNATIVE DISPUTE RESOLUTION)

See ARBITRATION; MEDIATION

ADVERTISING

– Attorneys

– – Public speaker on legal topics, nonlawyer groups may be contacted to indicate willingness to serve as, N.Y. ethics opinion, 2201
– – Websites, lawyers may use to tout victories, disclaimers required, N.C. ethics opinion, 2202

– Endorsements and testimonials, FTC issues updated guidelines, 2209; new guidance aimed at hidden marketing relationships on social networks and personal blogs, FTC official says, 2223
– Free credit reports, FTC proposes rule changes, In Brief, 2210
– Pharmaceuticals, off-label marketing

– – Pfizer criminal fine for Bextra, In Brief, 2130
– – RICO civil charges (E.D. Pa.), In Brief, 1160

– Spam e-mail, individual lacks standing to bring private CAN-SPAM Act claim since not internet access provider (9th Cir.), 1087
– Telephones, ban on prerecorded telemarketing calls in effect, In Brief, 2130

AGE DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

– Waiver of potential claims, EEOC guidance issued, 2043

AGRICULTURE

– Antitrust, DOJ official underscores commitment to examine competition in farming sector, 2089
– Labor, H-2A program for foreign temporary workers, DOL proposes changes, In Brief, 2145
– Packers and Stockyards Act, price discrimination (5th Cir., rehear en banc grant), In Brief, 1076

AIDS AND HIV

– Drug maker not liable for monopoly leveraging of Norvir protease inhibitor (9th Cir.), 1015

AIR POLLUTION

– Cement industry comments on EPA proposed kiln toxics rule, In Brief, 2143
– Climate change

– – Former public officials say issue is national security concern, In Brief, 2144
– – Senate bill delayed, In Brief, 2129
– – Shareholder proposals seeking corporate action, numbers increasing, 2127

– Diesel emissions reductions, construction sites, In Brief, 2225
– Flexible air permitting rule issued by EPA, In Brief, 2211
– Greenhouse gas emissions

See GREENHOUSE GASES

– High-priority Clean Air Act violations, EPA inspector general says agency oversight and policy need correction, 2219
– National ambient air quality standards

– – Fine particulate nonattainment area designations, challenges to all but one selection denied (D.C. Cir.), 1034
– – Ozone rules under Clean Air Act

– – – Primary and secondary standards, EPA to reconsider, In Brief, 2160; agency to reevaluate scientific data used to set 2008 standards, 2240
– – – Regional emissions trading feature and new source review limits must be revised (D.C. Cir.), 1035

– New source review, fine particles rule stayed by EPA, In Brief, 2179
– Oil and gas facilities, EPA overturns 2007 policy on emissions aggregation, 2239
– Power plant, challenge to EPA approval of state clean air plan (4th Cir.), In Brief, 1159
– Tribal lands, Mich. lacks standing to challenge redesignation to stricter Clean Air Act status (7th Cir.), 1150

AIR TRANSPORTATION

– FBI arrest of Islamic leaders on airplane, qualified immunity (D. Minn.), In Brief, 1090
– Pilot training, flight-time, and rest standards

See LEGISLATION, FEDERAL, HR 3371

– Price fixing, travel agencies' claims against airlines over ticket commissions properly dismissed for failure to state a claim (6th Cir.), 1195
– Railway Labor Act, flight attendants lack private right of action to challenge union and airline restructuring agreement (2d Cir.), 1187
– Sex discrimination, claim that employer dismissed female pilot from flight program to remove object of sexual competition may proceed (9th Cir.), 1167
– Taxation of airlines using runways within township's borders, municipal levy violates federal law (3d Cir.), 1156

ALCOHOLIC BEVERAGES

– Antitrust, Md. post-and-hold pricing system and volume discount ban violate Sherman Act (4th Cir.), 1059
– Home delivery, state law allowing direct shipments solely by in-state retailers upheld (2d Cir.), 1021
– Minors, state ban on working in places serving drinks (Ga.), In Brief, 1224

ALIENS AND CITIZENSHIP

– Alien Tort Statute

See INTERNATIONAL DEVELOPMENTS

– Asylum, selling organs for profit precludes eligibility (2d Cir.), In Brief, 1224
– Hiring of illegal aliens

– – E-Verify system

– – – Federal contractors required to check workers' eligibility, DHS to implement rule, 2025; business groups seek emergency injunctive relief from rule (D. Md.), 2125; injunction denied (4th Cir.), In Brief, 2145
– – – Legislation to make system permanent

See LEGISLATION, FEDERAL, HR 2892

– – H-2A program for temporary agricultural workers, DOL proposes changes, In Brief, 2145
– – I-9 employment eligibility verification rules, DHS to inspect 652 employers for compliance, 2013
– – Legalization of workers and creation of guestworker program, impact on U.S. economy, Cato Inst. study, 2111
– – RICO, lawyers report increased usage to combat employment of illegals, BNA Focus, 1027
– – Social Security no-match letters

– – – DHS to rescind rule, 2025; rescission proposed, In Brief, 2116; final rescission rule issued, 2206
– – – Legislation to block DHS rescission plan

See LEGISLATION, FEDERAL, HR 2892

– Removal

– – Mexican informant who aided drug prosecution, Board of Immigration Appeals' decision not to defer removal must be reviewed (8th Cir.), 1102
– – Simple assault of minor not crime involving moral turpitude, convicted alien eligible for cancellation of removal (3d Cir.), 1236

– Visas

– – “Extraordinary ability” employment visa, physicist (9th Cir.), In Brief, 1159
– – Terrorism, visa applicant who donated to charity supporting Hamas may challenge denial of visa (2d Cir.), 1056

ALTERNATIVE DISPUTE RESOLUTION (ADR)

See ARBITRATION; MEDIATION

AMERICAN BAR ASSOCIATION (ABA)

– Corporate governance, task force issues final guidance on addressing economic crisis, 2096
– Ethics

See generally ATTORNEY ETHICS

– Financial regulation reform, delegates approve governing principles, 2082
– Identity theft, “Red Flags Rule”

– – Application of rule to attorneys, ABA files challenge (D.D.C.), In Brief, 2128
– – Legislation to exempt certain small businesses insufficient, ABA says, 2219

– Meetings

See CONFERENCES AND MEETINGS

– Patents

– – Inequitable conduct defense to infringement, delegates approve policy proposals, 2081
– – Patentability of business method patents, amicus brief to be filed in Supreme Court case, 2081

– Public defenders, delegates approve guidelines for managing excessive case loads, 2079

AMERICAN INDIANS

See NATIVE AMERICANS

AMERICANS WITH DISABILITIES ACT (ADA)

See DISABILITY DISCRIMINATION

ANALYSIS AND PERSPECTIVE

– Attorney-client privilege, avoiding waiver in corporate bankruptcies, Part I, 2019; Part II, 2035
– Class action certification, ascertainability requirement, 2003
– Data security, perils for corporations and law firms that lack, 2215
– Electronic discovery, role and relevance of metadata, 2135
– Environmental cleanup liability, impact of high court decisions in CERCLA cases, 2103
– Foreign Corrupt Practices Act, more individuals targeted in enforcement efforts, 2087
– Multijurisdictional practice by attorneys

– – Consequences of not following state rules, 2183
– – Unauthorized practice rules, exceptions to, 2167

– Noncompetition agreements, advice for employers in using to retain employees, 2231
– Relitigating issues from case dismissed voluntarily, awarding costs to defendant, 2119
– Securities fraud, increased state enforcement efforts, 2055
– Work product protection for tax accrual work papers, impact of ruling, 2199
– Workplace bullying, lawsuits and legislation more prevalent, 2151

ANIMALS

– Endangered Species Act

– – Polar bears, Fish and Wildlife Serv. proposes critical habitat designation, 2241
– – Roadless areas, Forest Service rulemaking process in violation of Act (9th Cir.), 1083

– Farm animals

– – Antitrust, DOJ official underscores commitment to examine competition in agriculture sector, 2089
– – Packers and Stockyards Act, price discrimination (5th Cir., rehear en banc grant), In Brief, 1076

– Living organisms in ballast water discharges by vessels, Coast Guard proposed rule, In Brief, 2129

ANTITRUST

– Agriculture sector, DOJ official underscores commitment to examine competition in, 2089
– Copyrights, DOJ probe into Google settlement on digitizing books (S.D.N.Y.), In Brief, 2032
– Gas retailers, intervention in Sherman Act preemption matter (7th Cir.), In Brief, 1158
– Horizontal Merger Guidelines, DOJ and FTC to update, In Brief, 2179
– Monopoly leveraging claim against AIDS drug maker rejected (9th Cir.), 1015
– Packers and Stockyards Act, price discrimination (5th Cir., rehear en banc grant), In Brief, 1076
– Price fixing

– – Airline ticket commissions, travel agencies' claims against airlines properly dismissed for failure to state a claim (6th Cir.), 1195
– – Alcoholic beverages, Md. pricing regulations violate Sherman Act (4th Cir.), 1059

– Standing, product purchaser may claim fraud in obtaining patent that was held invalid (2d Cir.), 1227

APPEALS

– Administrative action, judicial review, Food Stamp Act trial de novo provision, circuit split roundup, 1012
– Modified judgment, parties bearing own costs when no clear prevailing party, circuit split roundup, 1012

ARBITRATION

– Credit card agreement with customer, binding arbitration clause with class action waiver upheld under Mo. law (8th Cir.), 1211
– Job bias, worker's share of arbitration costs (6th Cir.), In Brief, 1011
– Labor, contractor must arbitrate applicability of subcontractor's collective bargaining agreement with union (2d Cir.), 1221
– Mandatory arbitration of employee claims

– – Bars on

See LEGISLATION, FEDERAL, HR 1020, S 931

– – Defense contractors

See LEGISLATION, FEDERAL, HR 3326

– Rape by Halliburton coworkers, arbitration of claims against employer not required under employment contract (5th Cir.), 1152
– Replacement for arbitrator, party may not wait until losing arbitration to challenge selection method (7th Cir.), 1095
– Unconscionability of arbitration agreement, court must decide despite pact specifies arbitrator as referee of enforceability issues (9th Cir.), 1147

ARMED SERVICES

– Anthrax vaccine, servicemembers' challenge to FDA approval process rejected, military mandatory immunization program proceeds (D.C. Cir.), 1204
– Defense contracts

See DEFENSE CONTRACTS

– Greenhouse gas emissions, Navy official says compliance with potential rules may be difficult, 2240
– Medical leave, OPM proposes rule changes to conform with servicemember care portions of amended FMLA, 2126
– Picketers at Marine funeral, protesters against gays in military are shielded by First Am. from tort liability (4th Cir.), 1183
– Veteran's rights violated by Board of Veterans' Appeals' use of tainted medical records to determine disability benefits (Fed. Cir.), 1111

ARREST

– Islamic leaders on airplane, FBI arrest of (D. Minn.), In Brief, 1090

ASYLUM

See ALIENS AND CITIZENSHIP

ATHLETICS

See SPORTS AND RECREATION

ATTORNEY ETHICS

– Advertising and solicitation

– – Public speaker on legal topics, contacting nonlawyer groups to indicate willingness to serve as, N.Y. opinion, 2201
– – Websites, lawyers may use to tout victories, N.C. opinion, 2202

– Candor toward tribunals

– – Duty of lawyer who knows witness is lying, panelists discuss, 2096
– – False evidence submitted, client does not remedy falsehood, N.H. opinion, 2071

– Confidentiality

– – Anything related to client representation, rule barring disclosure, Nev. opinion, 2108
– – Illegal conduct by opposing party or adverse witness, lawyer may report, Tex. opinion, 2233
– – Leaking opponent's secret document obtained in discovery (7th Cir.), 1163
– – Metadata in electronic documents, Vt. opinion, 2188

– Conflicts of interest

– – Aggregate settlement, jointly represented clients' waiver of right to approve, New York City opinion, 2173
– – Employment contracts, payment to law firm for clients taken upon attorney departure, Ariz. opinion, 2072
– – Joint defense agreements, adversity to nonclient parties, D.C. opinion, 2217
– – Mediator/lawyer in domestic relations matter, representing one spouse after mediation, Ohio opinion, 2023
– – Opponent's law firm, evidentiary standard for disqualification on basis that lawyer will testify (2d Cir.), 1212
– – Post-conviction relief waivers in plea agreements, Mo. opinion, 2007
– – Proposed office building, dual representation of builder and client opposing proposal, Philadelphia opinion, 2172
– – Screening of lateral hires, Model Rules clarifying amendment approved by ABA, 2079; panelists discuss new rule, 2083

– Contingent fee calculation, statutory fee award included in aggregate recovery amount, Los Angeles County opinion, 2140
– Ex parte contact with represented parties and witnesses, NLRB issues memo to regional offices, 2208
– For-profit home loan modification services, lawyers working for or with, N.J. opinion, 2122
– Legal aid agency, accepting new clients despite risk of closure from recession, Md. opinion, 2089
– Model Rules, ABA task force to reassess in light of globalization and technological changes, 2079
– Multijurisdictional practice, exceptions to unauthorized practice rules, Analysis and Perspective Part 1, 2167; consequences of not following state rules, Part II, 2183
– Outsourcing of work to out-of-state and foreign lawyers, Colo. opinion, 2154
– Prosecutors, duty to disclose exculpatory information goes beyond Brady obligation, ABA opinion, 2139
– Sanctions for meritless securities fraud suit under PSLRA, bad faith not required (2d Cir.), 1131
– State ethics rules

– – Ill. adopts new rules, 2040
– – Vt. rules amended, 2058

– Unauthorized practice of law

– – Mortgage document preparation fees, Mo. UPL law preempted by federal rule on loan-related fees (8th Cir.), 1229
– – Retired status, practice after shifting to (Kan.), In Brief, 1090
– – State bar investigator, use of deception to expose unlawful practice, Va. opinion, 2024

ATTORNEYS

– Appointed counsel in criminal appeal with frivolous claims, filing of “no-merit” brief and withdrawal petition (Ind.), 1033
– Bar exam not required for in-state law school graduates to practice, class commerce clause challenge proceeds (7th Cir.), 1031
– Campaign finance, Conn. Atty. Gen. shielded from opponent's challenge to ban on accepting money from lawyers contracting with state (2d Cir.), 1080
– Client privilege

– – Chief financial officer, statements to outside counsel in internal probe of stock option backdating not protected (9th Cir.), 1196
– – Sarbanes-Oxley Act whistleblower, in-house counsel may use employer's privileged materials to support retaliatory discharge claim (DOL ARB), 2208
– – Waiver, avoiding in corporate bankruptcies, Analysis and Perspective Part I, 2019; Part II, 2035
– – Work product doctrine

– – – Expert witnesses would be protected by proposed change to Fed. Rule of Civil Procedure 26, panelists discuss, 2098
– – – Tax accrual workpapers that assessed prospective disputes with IRS not shielded (1st Cir., en banc), 1096; circuit split roundup, 1127; impact of decision on companies, Analysis and Perspective, 2199

– Data security, perils for law firms that lack, Analysis and Perspective, 2215
– Ethics

See ATTORNEY ETHICS

– Fair Debt Collection Practices Act

– – Letter to debtor that was unclear as to attorney's involvement may be deceptive (5th Cir.), 1079; circuit split roundup, 1127
– – Sanctions for abusive litigation (9th Cir.), In Brief, 1011

– Fees

See ATTORNEYS' FEES

– Identity theft, application of “Red Flags Rule” to lawyers (D.D.C.), In Brief, 2128
– Malpractice

– – Insurance coverage

– – – Inadequate coverage, lawyers must advise clients in writing (N.M.), 2108
– – – Uninsured status, new rule requires attorneys to inform clients (Cal.), 2121

– – Law firms, no direct liability and vicarious liability improper unless one employee is liable (Ohio), 1063
– – Patent application, personal jurisdiction proper over Canadian law firm that filed application in U.S. (Fed. Cir.), 1072; circuit split roundup, 1127

– Mutual insurance firm's attorney does not represent policyholders since no lawyer-client relationship (2d Cir.), 1212
– Prosecutors

See PROSECUTORS

– Public defenders, ABA approves guidelines for managing excessive case loads, 2079
– Right to counsel during interrogation, police officer taunting suspect (4th Cir.), In Brief, 1091
– Trustee/lawyer in real estate foreclosures, state may require in-state presence (10th Cir.), 1016

ATTORNEYS' FEES

– Civil Asset Forfeiture Reform Act, fees incurred in criminal case leading to dismissal of related civil action not recoverable (11th Cir.), 1121
– Clean Water Act, prevailing plaintiff in citizen suit may be denied fees only upon “special circumstances” (9th Cir.), 1068; circuit split roundup, 1127
– Contingent fees

– – Calculation, statutory fee award may be included in aggregate recovery amount, Los Angeles County ethics opinion, 2140
– – IRS proposal allows tax lawyers to charge for some services rendered, 2066

– Fiduciaries of employee stock ownership plan (ESOP), preliminary injunction barring use of corporate assets to pay legal fees upheld (9th Cir.), 1067
– Product liability, fee award in diet drug class action upheld (3d Cir.), In Brief, 1242
– Reasonableness of court-awarded fees, prevailing party's rejection of large settlement offer may be weighed (3d Cir.), 1063
– Relitigating issues from case dismissed voluntarily, awarding costs to defendants, Analysis and Perspective, 2119

AUTOMOBILES

See MOTOR VEHICLES

AVIATION

See AIR TRANSPORTATION

Contact the Webmaster at webmaster@bna.com
1801 S. Bell Street, Arlington, VA 22202 - Phone: 1-800-372-1033

Copyright © The Bureau of National Affairs, Inc. All Rights Reserved.