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Vol. 77, Nos. 1-45, pp. 1001-1724, and pp. 2001-2720 July 1, 2008 -- May 26, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ABA
Choose Life specialty motor vehicle license plate, Ill. ban upheld (7th Cir.), 1299; circuit split roundup, 1398; Mo. denial invalid (8th Cir.), 1615
Informed consent law, preliminary injunction against enforcement vacated (8th Cir., en banc), 1024 Photos of aborted fetuses displayed outside public school by anti-abortion protesters are protected speech (9th Cir.), 1042; circuit split roundup, 1206
Fees of auditor hired by legal client, payment from law firm account, N.Y. ethics opinion, 2419
Malpractice
Damages award against PricewaterhouseCoopers upheld (3d Cir.), 1163
Venue for suit is where plaintiff suffered first actual injury (Mich.), 1051 Sanctions imposed against Deloitte accountant for insufficient audit, PCAOB issues disciplinary order, 2291 Securities fraud, auditors who were deceived by client that inflated earnings lacked scienter, PSLRA suit dismissed (4th Cir.), 1432 Unauthorized practice of law, representation of claimant in securities arbitration proceeding, Va. ethics opinion, 2596
Current economic turbulence, PCAOB guidance on issues arising from, 2355
Disclosure by corporations of potential losses from litigation, attorney groups concerned about proposed changes to FASB standard, 2067 Fair value
Credit crisis, SEC to begin study of fair value accounting's possible role in causing, 2211; no meaningful role found by SEC staff, study released, 2403
Financial assets in inactive markets, FASB to issue proposed staff guidance, 2195; final guidance issued, 2227; determining when market is inactive or distressed, proposed guidance issued, 2563; final staff position issued, 2611; industry reacts favorably, 2611 Financial instruments, expanded disclosure requirements, FASB proposed guidance, 2387 Largest U.S. audit firms need to improve audits, PCAOB report, 2355 Other-than-temporary impairments, FASB issues final staff position, 2611; criticism of FASB position, 2611 Inspections of top audit firms, PCAOB report, 2355 International accounting standards use by U.S. firms, SEC proposal, 2131 Nonpublic companies' accounting for uncertainty in income taxes, FASB proposed guidance, 2275 Risk assessment, PCAOB releases proposed audit standards for public comment, 2243 Sarbanes-Oxley Act
Ed. Note: This heading is limited to items relating to procedures before agencies.
Administrative Conf. of U.S.
Immigration Appeals Board improperly deviated from legal framework for determining if alien was convicted for aggravated felony warranting removal (2d Cir.), 1233
Medicare benefits decisions, hearings conducted by telephone satisfied most parties, HHS Inspector General says, 2077 PTO grouping of rejected claims must be based on statutory section and reason why claims did not meet requirements (Fed. Cir.), 1409 Charges, job bias
Untimely filing of charge with EEOC, worker's pay raise claim dismissed (7th Cir.), 1249; for bill to ease time limits for filing, see LEGISLATION, FEDERAL, HR *11, S *181
Withdrawal of charge by worker does not diminish EEOC authority to continue investigation (7th Cir.), 1474
Airline passenger user fees, agencies cannot hold carrier liable for uncollected amounts (Fed. Cir.), 1387
Clean Air Act permits, EPA reasonably interpreted duty to object to state issuance of (6th Cir.), 1552; circuit split roundup, 1608 Fireworks maker's license revocation for willful noncompliance with recordkeeping requirements upheld (3d Cir.), 1255 Mad cow disease test kits, USDA rules owed deference (D.C. Cir.), 1147 Medicare funds for acute care teaching hospitals, HHS calculation of indirect medical education adjustment is valid (1st Cir.), 1330 Physicians, resignation while under under investigation, HHS interpretation of reporting requirement is valid (1st Cir.), 1457 PTO determination of original application for patent reexamination is valid (Fed. Cir.), 1140 Removable aliens who pose special danger to public, extended detention under DOJ rule is valid (10th Cir.), 1331; circuit split roundup, 1398 Sugar marketing allocation wrongly transferred by USDA from processor that terminated operations (9th Cir.), 1499 Evidence
Alien's home illegally entered, evidence barred from removal proceeding (9th Cir.), 1123
EEOC can enforce subpoena against employer even when worker sues after receiving right-to-sue notice (9th Cir.), 1167; circuit split roundup, 1206
Agricultural Marketing Agreement Act, milk producer-handlers who challenge pooling and pricing provisions need not exhaust administrative remedies (D.C. Cir.), 1611
Airline passenger's placement on No-Fly List (9th Cir.), In Brief, 1159 Deference to agencies
See Deference to agency interpretation, this heading
Trade advisory committees, compliance with fairly balanced membership requirement not reviewable (9th Cir.), 1143 Wetlands determination by Army Corps of Engineers not reviewable final action (9th Cir.), 1185
Clean Water Act, scope of protection
See WATER POLLUTION
Three-member quorum required (D.C. Cir.), 1684; board members will seek rehearing, 2716
Two-member board may issue rulings (1st Cir.), 1565; (7th Cir.), 1684
Expletives, FCC policy change on isolated use of, not arbitrary or capricious (U.S., rvs), 1673
Penalties, CBS fined for fleeting indecency during Super Bowl halftime show, FCC action was arbitrary and capricious (3d Cir.), 1076
Patent and Trademark Office to charge practitioners annual fee, 2347
Taxpayer representation
Comments on proposed rules, advice to lawyers on preparation, Analysis and Perspective, 2691
Congressional Review Act may be used to rescind midnight regulations issued by Bush administration, staffers say, 2333 Electronic rulemaking by federal agencies, flaws found by ABA task force, 2255 Freeze on publication of rules in Federal Register ordered pending review by Obama administration, 2440; EPA withdraws pending rules, 2460 Proposed rules submitted for OMB review despite deadline set by White House, 2105 Regulatory review process, Bush executive order revoked, Clinton executive order to be reviewed, 2477; OMB seeks public comment, 2543; comment period extended, 2576
Foreign orphans, act of state doctrine (N.Y. App. Div.), In Brief, 1415
Former partner of adoptive mother (Mont. Dist. Ct.), In Brief, 1256 Same-sex couples (Fla. Cir. Ct.), In Brief, 1224
Designation as legal parents on amended birth certificate (E.D. La.), In Brief, 1462
Foster parent adoption (Fla. Cir. Ct.), In Brief, 1396 Full faith and credit for parental status (N.Y. Sur. Ct.), In Brief, 1692
Attorneys
See ATTORNEY ETHICS
False advertising about health risks, only class representatives must show standing to sue (Cal.), 1712
Light cigarette ads, smokers' state law deceptive practices claims not preempted (U.S., aff), 1365; consumer suit to proceed (Mass.), In Brief, 1640 Endorsements and testimonials, FTC proposes guideline revisions, 2333 Environmental marketing claims for green products, FTC workshop, 2063 Gambling, video lottery terminals, state restrictions on ads by retailers upheld (4th Cir.), 1456 Interior designer, state ban on use by unlicensed practitioners likely invalid (5th Cir.), 1674 Internet Off-label uses for FDA-approved drugs and medical devices, guidance issued, 2426 Software
Patent for method of marketing software properly denied (Fed. Cir.), 1586
Spyware, injunction against marketing of (M.D. Fla.), In Brief, 1397 Telephones
See TELEPHONES
Cash balance pension plans (2d Cir.), In Brief, 1080; (9th Cir.), In Brief, 1192
Job bias
Pesticide makers' agency relationship with distributors is valid defense to claims of unlawful resale price maintenance agreements (4th Cir.), 1579
Agricultural Marketing Agreement Act, milk producer-handlers who challenge pooling and pricing provisions need not exhaust administrative remedies (D.C. Cir.), 1611
Inspection user fees, airline not liable for amounts unpaid by passengers (Fed. Cir.), 1387 Labor, H-2A visas for foreign temporary workers, DHS and DOL final rules, 2364; temporary suspension of final rules proposed by DOL, 2571; transition period extended, DOL interim final rule, 2638 Mad cow disease test kits, USDA rules owed deference (D.C. Cir.), 1147 Packers and Stockyards Act ban on unfair practices and preferences, plaintiffs need not allege adverse effect on competition (5th Cir.), 1083; circuit split roundup, 1206 Renewable fuels
Biofuels that qualify as renewable, EPA proposed rule, 2683
Ethanol produced from corn, EPA rejects Tex. request for waiver of Clean Air Act standard, 2091 Salmonella regulations issued by USDA not compensable taking of egg producer's business (Fed. Cir.), 1568 Sugar marketing allocation wrongly transferred by USDA from processor that terminated operations (9th Cir.), 1499
Job applicant's HIV-positive status not shown to affect major life activity, ADA claim rejected (7th Cir.), 1228
Acid Rain Program, EPA interim final rule, 2376
Clean Air Interstate Rule on ozone and fine particle pollution vacated (D.C. Cir.), 1056; decision leaves parties uncertain as to future plans, 2059; legislative response discussed at Senate panel hearing, 2077; draft legislation offered by House Democrats and White House, 2136; EPA seeks rehearing (D.C. Cir.), 2185; suits remanded (D.C. Cir.), In Brief, 1396 Climate change agenda for EPA, Outlook 2009, 2446 Diesel emissions-reduction projects Greenhouse gas emissions
See GREENHOUSE GASES
Haze in national parks, EPA finding of states that failed to submit reduction plans, 2425 Heavy-duty trucks, onboard emissions monitoring systems, EPA final rule, 2345 National ambient air quality standards
Lead standard, EPA revised review process criticized by CASAC, 2023; EPA adopts stricter standard, 2237
Particulate matter
Coarse particle standard upheld, but EPA must reconsider fine particle standard (D.C. Cir.), 1551
Fine particles, final rule to be reconsidered by EPA, 2664
Aggregation of emissions, EPA final rule, 2425; implementation of rule delayed, 2488
Fugitive emissions from nonlisted sources, EPA final rule, 2360; rule stayed during EPA review, 2664 Jurisdiction lacking over suit challenging terms of power plant's Clean Air Act permit (9th Cir.), 1327 Mitigation of past harm, utilities may be ordered to pay for (S.D. Ind.), 1265 Recordkeeping requirements, EPA to reconsider final rule, 2664 Preconstruction permit violations cannot be challenged with Clean Air Act citizens' suit (5th Cir.), 1072 Renewable fuels standard
Biofuels that qualify as renewable, EPA proposed rule, 2683
Tex. waiver request rejected by EPA, 2091 Stationary sources, inadequate monitoring requirements in emissions permit may be supplemented by state and local authorities (D.C. Cir.), 1119 Tax exemption for auto makers' facilities used to reduce emissions (Mich.), In Brief, 1112
Airspace dispute between adjacent airports, FAA did not act arbitrarily by ordering adjustment of traffic patterns to resolve (5th Cir.), 1308
Inspection user fees, American Airlines not liable for amounts unpaid by passengers (Fed. Cir.), 1387 Labor
Rest requirements for pilots and flight crew, FAA withdraws proposed amendment, 2579
Sick-out campaign by United Airlines pilots (7th Cir.), In Brief, 1572
Deep vein thrombosis warnings (9th Cir.), In Brief, 1111
Defective airplane stairs alleged cause of passenger's fall, personal injury suit not preempted (9th Cir.), 1485 Security
Monitoring of traveler who mentioned bomb, plaintiff has standing for civil rights suit (D.C. Cir.), 1534
No-Fly List (9th Cir.), In Brief, 1159 Private aircraft, advance filing of passenger manifest data, DHS final rule, 2308 Screening of passengers at airport security checkpoints, airlines overcharged for share of costs (D.C. Cir.), 1486 Secure Flight program for screening passenger data, DHS final rule, 2245
Antitrust, trade association that intervened to defend state liquor laws may be liable for plaintiff's attorneys' fees (9th Cir.), 1115
Direct shipments to consumers
Prior in-person identity verification at wineries required, Ind. law upheld (7th Cir.), 1107
Small farm wineries, Ky. law (6th Cir.), In Brief, 1462 Tenn. ban upheld (6th Cir.), 1266
Arrestee name and identifying data, posting on county Web site violated due process (N.Y. Sup. Ct.), 1319
Sobriety checkpoints, on-scene discretion of officers to suspend and resume to relieve traffic congestion upheld (Pa.), 1277 Taxes, beer brewer may challenge Puerto Rico assessments (1st Cir.), 1620; circuit split roundup, 1676 Trademark for vodka not registrable if substantial portion of relevant consumers would be deceived (Fed. Cir.), 1689
Adjustment of status
Divorce does not bar fiance visa holder from seeking permanent resident status (9th Cir.), 1122
Surviving alien-spouse designated as immediate relative remains spouse after death of citizen-spouse (6th Cir.), 1632; circuit split roundup, 1676 T and U visa holders may seek permanent resident status, interim final rule, 2366
China one child policy (7th Cir.), In Brief, 1096; (2d Cir.), In Brief, 1256; spouse not automatically eligible based on persecution of wife (3d Cir.), 1554
Persecutor bar to refugee status, Board of Immigration Appeals to determine applicability to alien who was coerced to participate (U.S., rvs), 1539 Reopening of proceeding, Immigration Appeals Board refusal not judicially reviewable (7th Cir.), 1059; circuit split roundup, 1206
Confidentiality duties of lawyer jointly representing foreign worker and employer, Mass. ethics opinion, 2531
Out-of-state lawyer, immigration practice by, N.J. ethics opinion, 2292 Permanent labor certification process, DOL guidance on lawyer's role, 2155 Representation of illegal aliens in disputes with employers, conferees discuss, 2044 Homeland Security Sec'y Napolitano orders review of programs related to immigration and border security, 2473 Immigration inspection user fees, airline not liable for amounts unpaid by passengers (Fed. Cir.), 1387 Labor
Attorney representation
See Attorneys, this heading
Expansion of program to continue in FY2009, CIS officials say, 2284
Federal contractors required to check workers' eligibility, final rule issued, 2299; implementation of rule postponed, 2408; another postponement announced, 2635 Mandatory use by employers and sanctions for hiring unauthorized workers, state law not preempted (9th Cir.), 1168; BNA Focus, 1573 Passport data from State Dep't incorporated into system, CIS says, 2540 Review of program ordered by Homeland Security secretary, 2473 Forged visa application not covered by criminal ban on false entry documents (10th Cir.), 1232 Guestworkers admitted to U.S. in 2008, statistics released, 2639 H-1B visas for highly skilled workers
TARP, employers receiving funds face new CIS requirements, 2588
Wage violations, civil penalty assessed against employer (DOL ARB), 2702 H-2B visas for foreign temporary workers
Relocation expenses of workers hired after Hurricane Katrina, employers not required to reimburse (5th Cir.), 1504
Streamlining of procedures, DHS proposed rule, 2118; final rules issued by DHS and DOL, 2378 Internal controls best defense against enforcement action for hiring illegal workers, ABA conferees told, 2111 Raid on Washington plant criticized by immigrant rights groups, 2526 Reform legislation
Economic benefits from legalization of undocumented workers discussed at teleconference, 2637
Unions agree on united stance, 2636 Social Security no-match letters
Fired workers reinstated, letters not notice that workers were illegal aliens (9th Cir.), 1009
Supplemental final rule issued by DHS, 2252 Worksite enforcement policies
Focus will be on employers, says nominee for DHS assistant secretary, 2652
Homeland Security Dep't should reevaluate, conferees say, 2539 Prosecution of employers is priority, DHS guidance, 2666 Naturalization, attorneys' fees awarded to alien who sued CIS for delays in processing application (1st Cir.), 1105; award vacated (1st Cir., en banc), 1633 Removal
Aggravated felonies
Immigration Appeals Board improperly deviated from legal framework for determining if conviction warranted removal (2d Cir.), 1233
Second simple drug possession conviction (2d Cir.), In Brief, 1320; circuit split roundup, 1398 Evidence obtained from illegal entry of alien's home barred from deportation proceeding (9th Cir.), 1123 Extended detention of removable aliens who pose special danger to public, DOJ rule is valid (10th Cir.), 1331; circuit split roundup, 1398 Stay of removal pending consideration of petition for judicial review may be issued after applying traditional criteria (U.S., vac), 1647 Withholding of, sought by victims of female genital mutilation, government must rebut presumption of future persecution (2d Cir.), 1025
Bivens damages for abusive detention in U.S. and rendition to Syria for torture, claims denied (2d Cir.), 1046
Sleeper agent of al Qaeda, resident alien may be detained, but is owed due process (4th Cir.), 1062 Special Call-in Registration Program created after Sept. 11 attacks for men from Muslim countries, upheld (2d Cir.), 1199
See also CONFERENCES AND MEETINGS
Accounting, corporate disclosure of potential losses from litigation, ABA group concerned about proposed changes to FASB standard, 2067 Attorney-client privilege, gray area exists despite recent policy changes, DOJ official tells conferees, 2326 Electronic rulemaking by federal agencies, flaws found by ABA task force, 2255 Employment eligibility audits, employers must protect civil rights of workers, lawyers tell conferees, 2103 Ethics
See generally ATTORNEY ETHICS
Federal contractor duty to report criminal law violations, ABA comments on proposed rule, 2011 Malpractice, real estate transaction claims increased, ABA study released, 2260 Mission and goals of ABA, House of Delegates approves revised statement, 2108 Privacy, monitoring of employees in workplace discussed at ABA seminar, 2027 Tax preparer penalties, Tax Section comments on IRS proposed rules, 2142
See NATIVE AMERICANS
Attorney preparation of comments on proposed rules, 2691
Securities fraud, application of federal sentencing guidelines, 2675
Aquatic nuisance species in ballast-water discharges by vessels, Mich. statute to protect local waters not preempted (6th Cir.), 1333
Endangered Species Act
See AGRICULTURE
Pest controllers, exemption in state licensing scheme is invalid (9th Cir.), 1170 Tuna fish maker's failure to warn of mercury content, consumer suit not preempted (3d Cir.), 1137 Wildlife protection from wind turbine farms, draft federal guidelines issued, 2523
Alcoholic beverages, trade association that intervened to defend state liquor laws may be liable for plaintiff's attorneys' fees (9th Cir.), 1115
Arbitration, class action waiver in American Express agreement with merchants is unenforceable (2d Cir.), 1484 Attorneys' fees awards to class representatives in BAR/BRI suit to be reexamined on remand due to incentive agreements with counsel (9th Cir.), 1662 Monopolies
See MONOPOLIZATION
See MOTOR VEHICLES
Price fixing
Credit cards, American Express cannot compel noncontract parties to arbitrate claims (2d Cir.), 1259; circuit split roundup, 1398
Digital music, pleading of plus factors (S.D.N.Y.), In Brief, 1288 DRAM chips, foreign computer maker's suit dismissed (9th Cir.), 1116 Major League Baseball's exclusive licensing agreement for use of logos (2d Cir.), In Brief, 1205 Pesticide makers' agreements with distributors not unlawful resale price maintenance agreements (4th Cir.), 1579 Shipping services, arbitration panel allowance of direct purchasers' class claims, ruling not in manifest disregard of law (2d Cir.), 1275
Cipro antibiotic patentee's agreements with generic competitor were not violation (Fed. Cir.), 1243
College football coach accused of recruiting violations, NCAA hiring restrictions (6th Cir.), In Brief, 1028 Internet search advertising, Google abandons planned partnership with Yahoo, 2275 NFL Properties' grant of exclusive license to use teams' logos and trademarks upheld (7th Cir.), 1117 Oil and gas
CARB gasoline producers' conspiracy to limit supply, Cal. wholesale purchaser suit reinstated (9th Cir.), 1627
Service station franchises and use of credit card processing service, tying claims against Marathon Petroleum dismissed (7th Cir.), 1020; Equilon Enterprises, claims dismissed (9th Cir.), In Brief, 1111 Truck dealership presented enough evidence to proceed on claim against Mack Trucks (3d Cir.), 1019
Administrative action, judicial review of
Immigration Appeals Board improperly deviated from legal framework for determining if alien was convicted for aggravated felony warranting removal (2d Cir.), 1233
Stay of removal pending consideration of petition for judicial review may be issued after applying traditional criteria (U.S., vac), 1647 Class actions
Removal of suit under Class Action Fairness Act, appeal of remand order must be made not less than 7 days after entry of order (7th Cir.), 1003; circuit split roundup, 1206
Unnamed class member challenge to approval of settlement (6th Cir.), In Brief, 1128 Enemy combatants detained at Guantanamo Bay
Status determinations (D.C. Cir.), In Brief, 1463
Unlawful detention claims (D.C. Cir.), In Brief, 1320 Federal procedure rules
Proposed amendments released for public comment, 2203
Supreme Court approves rule amendments, 2604
See HABEAS CORPUS
Medicare benefits decisions, administrative hearings conducted by telephone satisfied most parties, HHS Inspector General says, 2077 No just cause for delay, immediate appeals (Fed. Cir.), In Brief, 1415 Patents, PTO grouping of rejected claims must be based on statutory section and reason why claims did not meet requirements (Fed. Cir.), 1409 Plea agreement breached by government, plain error review applies when defendant forfeited claim at trial (U.S., aff), 1582 Property redevelopment, blighted area designation not judicially reviewable (Pa.), 1407 Removed suits, remand of case in which court did not exercise supplemental jurisdiction over state law claims is reviewable (5th Cir.), 1421; circuit split roundup, 1464; remand order is discretionary decision subject to appellate review (U.S., rvs), 1663
Access to arbitrator, court to determine if remedy is illusory (1st Cir.), 1483
Accountant representation of claimant in securities proceeding, unauthorized practice of law, Va. ethics opinion, 2596 AT&T customer service agreements (Wash.), In Brief, 1160 Attorney retainer agreements, binding arbitration
Fee disputes, clause enforceable (Cal.), 1467
Malpractice claims, Tex. ethics opinion, 2371
See CLASS ACTIONS
See CREDIT CARDS
Discovery, nonparty cannot be subpoenaed for prehearing document production in contingent cost insurance policy dispute (2d Cir.), 1339
Treaty mandating arbitration of insurers' contract dispute not reverse preempted by McCarran-Ferguson Act (5th Cir.), 1227; circuit split roundup, 1398
Employment contract written in English is binding on Spanish-speaking worker (3d Cir.), 1148
Foreign cruise ship workers must arbitrate wage claims (9th Cir.), 1307 Job discrimination
Collective bargaining agreement waiving workers' right to sue, lawyers assess upcoming Supreme Court decision, 2170; agreement is enforceable (U.S., rvs), 1602
Law firm shareholder who never received copy of bylaws not required to arbitrate claims (3d Cir.), 1595 Nonparties to arbitration agreement may seek immediate appeal of denial of stay (U.S., rvs), 1660 Patentability of systems claims for mandatory arbitration, case remanded for PTO consideration (Fed. Cir.), 1445 Payday loan contract clause unenforceable for lack of mutuality (Ark.), 1291 Prejudgment remedies (D. Conn.), In Brief, 1127 Qualified arbitrators, listing and retention of, FMCS proposed rule, 2084 Sarbanes-Oxley Act whistleblower may be required to arbitrate claims (2d Cir.), 1211 Vacatur of award cannot be based on arbitrator's manifest disregard of law (5th Cir.), 1547; circuit split roundup, 1608
Defense contracts
See TERRORISM
Army Corps of Engineers
See WATER POLLUTION
Hazardous waste, DOD noncompliance with EPA cleanup orders, Boxer (D-Cal) to hold oversight hearing, 2023 Sonar training exercises by Navy vessels, preliminary injunction to protect whales vacated (U.S., rvs), 1295; settlement reached (C.D. Cal.), In Brief, 1415 Medical leave, final FMLA amended rules issued, 2301 Overtime, civilian military recruiters not covered by FLSA outside salesman exemption (10th Cir.), 1040 Privacy Act applies to National Guard unit even when not on active duty (D.C. Cir.), 1429 Sexual orientation, Don't Ask, Don't Tell policy (9th Cir.), In Brief, 1384 USERRA rights, private right of action against state employer (9th Cir.), In Brief, 1223 Veterans
See VETERANS
Consular assistance, arrested alien may sue lawyer for failure to invoke right (7th Cir.), 1165
False arrest and malicious prosecution claims, FTCA does not shield federal law enforcement officers from suit (11th Cir.), 1286; substitute opinion, 1560 Name and identifying data of arrestee, posting on county Web site violated due process (N.Y. Sup. Ct.), 1319 Search incident to arrest, warrantless search of motor vehicle barred after recent occupant is secured and cannot access interior of vehicle (U.S., aff), 1643
CERCLA, abandonment of asbestos-insulated heating system not disposal, cost recovery claim denied (7th Cir.), 1278
Product liability
Limits on claims, newly enacted procedural requirements may be applied to pending cases (Ohio), 1254
Warnings, failure to provide (Wash.), In Brief, 1415
At issue waiver must be based on party's actual reliance on lawyer's advice as claim or defense (2d Cir.), 1244
DOJ pressure on corporations to waive
Disclosure of information to avoid indictment does not waive privilege in civil suit (Cal. Ct. App.), In Brief, 1143
Legislation to bar Risks to corporations discussed by ABA conferees, 2126 Inadvertent waiver Law firm communications with in-house counsel (E.D. La.), In Brief, 1368 SEC investigative staff instructed not to ask for waivers, manual issued, 2292 Work product doctrine
Indicted employee entitled to limited discovery of corporate documents turned over to government under confidentiality agreement (D.C. Cir.), 1661
Tax accrual workpapers that assessed prospective disputes with IRS are shielded (1st Cir.), 1451; circuit split roundup, 1528; (rehearing en banc set), 1624 Taxpayers increasingly relying on doctrine to protect documents, conferees told, 2127
Advertising and solicitation of clients
Ky. rules amended, 2659
La. rules challenged (E.D. La.), 2196 Super Lawyer ads (N.J.), In Brief, 1414 Testimonials and dramatizations, Utah opinion, 2613 Trade name restrictions on law firms, review ordered (N.J.), 2564 Va. issues updated opinion, 2403
Joint representation of foreign worker and employer, Mass. opinion, 2531
Metadata in electronic documents
Maine opinion, 2339
N.H. opinion, 2708 Pa. opinion, 2707
Binding arbitration clauses in retainer agreements for malpractice claims, Tex. opinion, 2371
City attorney may retain position while suing city for job discrimination, Del. opinion, 2259 Consulting in-house counsel about current representation of client
ABA opinion, 2323
Attorney-client privilege (E.D. La.), In Brief, 1368 Corporate clients, representation of employees not automatic, Colo. opinion, 2068 Divorce, drafting documents to implement settlement that lawyer mediated, Tex. opinion, 2259 Indemnification of client's opponent from lawyer's own funds, Mo. opinion, 2371 Lobbying representations, D.C. opinion, 2147 Material limitation conflict of lawyer serving on corporate board of directors bars firm from suing corporation, Ohio opinion, 2019 Me. adopts new rules, 2564 Prosecutor's delegation of case to private attorney (N.Y. App. Div.), In Brief, 1272 Referral fee paid by title insurer to lender's counsel, Phila. opinion, 2051 Screening of lateral hires, Model Rules amendment proposed by ABA committee, 2003; House of Delegates defers action, 2106; House of Delegates set to vote on competing proposals, 2451; delegates approve amended rule, 2508 Simultaneous representation of adverse clients, malpractice suit against law firm reinstated (6th Cir.), 1133 Delay or burdening of third parties, advice to client to hire all local lawyers to deprive litigation opponent of representation, Tex. opinion, 2307 Disciplinary charges, posting on Internet, Cal. State Bar to consider proposal, 2035; proposal approved, 2069 Disciplinary proceedings, gag order on participants (La.), In Brief, 1691 Disloyalty of law firm
Aid to client's business competitor (N.Y. App. Div.), In Brief, 1223
Corporate counsel violated duty to executive while conducting internal investigation on behalf of corporate client (C.D. Cal.), 1628 Ex parte communications
E-mail to opposing party and counsel, N.Y. City opinion, 2547
Ill. adopts ABA's 3-part test, 2629 Prosecutor cannot contact crime victim who is represented by counsel in related civil action, Neb. opinion, 2680
Auditor hired by client, payment of fees from law firm's account, N.Y. opinion, 2419
Client files, retrieval and production costs for electronic documents requested by client, N.Y. City opinion, 2211 Credit card payments from client, Ariz. opinion, 2244; D.C. opinion, 2709 Departing lawyer's division of subsequent fees with law firm, N.C. opinion, 2356 Nonrefundable fees discussed at ABA meeting, 2510 Referral fee paid by title insurer to lender's counsel, Phila. ethics opinion, 2051 Reverse contingent fees, D.C. opinion, 2595 Insurer with subrogation rights is not client of insured's lawyer, Alaska opinion, 2276 Lead-sharing organizations, participation in, Va. opinion, 2515 Limited liability corporations, law firms organizing as, N.M. opinion, 2483 Multijurisdictional practice
Ariz. adopts in-house counsel rule, 2212
Fla. amends rule, 2212 New Jersey
Amended rules adopted, 2085
Immigration practice by out-of-state lawyer, N.J. opinion, 2292 Va. adopts rule, 2435 Wis. adopts rule, 2229 Office space, sharing with nonlawyer, La. opinion, 2084 Outsourcing of work
ABA approval, opinion issued, 2132
Health care liens, resolution of, N.Y. opinion, 2132 Overseas lawyers and paralegals, use of, Fla. opinion, 2115
Ala. adopts rules, 2579
Tenn. adopts rules, 2661 Sanctions
Frivolous litigation, suit filed on behalf of dead client (Miss. Ct. App.), In Brief, 1256
Opposing counsel, party's right to collect from (5th Cir.), In Brief, 1047 Vacatur of sanctions denied even though it was condition for proposed settlement (2d Cir.), 1246 State ethics rules
Ala. amends rules, 2069
Alaska adopts new set of rules, 2324 Ky. revises rules, 2659 Me. adopts new rules, 2564 N.M. rules amended, 2467 N.Y. adopts new rules, 2388; concerns for corporate counsel discussed by conferees, 2694 Unauthorized practice of law
Accountant representation of claimant in securities arbitration proceedings, Va. opinion, 2596
Enforcement by states increasing, ABA survey released, 2695; online document preparation service cited by N.C. State Bar, 2695 High-volume mortgage foreclosure counseling firms, lawyers disciplined for aiding (Ohio), 2197 Multijurisdictional practice
See Multijurisdictional practice, this heading
Communications with, N.Y. City opinion, 2644
Prosecutors' duty to, Wis. opinion, 2643
Binding arbitration clause in retainer agreement, Tex. ethics opinion, 2371
Detrimental reliance on lawyer's misrepresentations, client may recover without proving she would have won underlying suit (8th Cir.), 1035 Fiduciary duty not breached when law firm did not inform client of potential malpractice claim (8th Cir.), 1467 Insurance coverage
Conn. rejects mandatory disclosure rule, 2628
Tex. State Bar recommends against mandatory disclosure of, 2052 Va. proposed rule to require coverage for lawyers in private practice, 2099; state bar rejects proposal, 2307 Simultaneous representation of adverse clients, suit against law firm reinstated (6th Cir.), 1133
ABA
Aliens, representation of
Federally appointed counsel may represent inmate in state clemency proceeding (U.S., rvs), 1601
Legal Services Corp. funding restrictions, State of Oregon lacks standing to challenge (9th Cir.), 1422 Public defender's failure to move case forward may be weighed against defendant who claims violation of speedy trial right (U.S., rvs), 1535
See BANKRUPTCY
Antitrust, settlement of class suit against BAR/BRI preparation course firm approved, but class representatives attorneys' fees remanded (9th Cir.), 1662
Graduate of unaccredited law school (Mass.), In Brief, 1384
See CORPORATIONS
See ATTORNEY ETHICS
Fees
See ATTORNEYS' FEES
Arbitration of law firm shareholder claims not required (3d Cir.), 1595
Muslim associate lawyer may sue law firm for bias and firing after Sept. 11 terrorist attacks (7th Cir.), 1374 Limited assistance representation program for pro se litigants, Mass. approves, 2694 Malpractice Prosecutors
See PROSECUTORS
Registration by states of in-house counsel, ABA model rule approved, 2106 Right to counsel
See RIGHT TO COUNSEL
See SECURITIES
Antitrust, trade association that intervened to defend state liquor laws may be liable for plaintiff's fees (9th Cir.), 1115
Bankruptcy, pre-approval of fees by court to be determined by totality of circumstances analysis (2d Cir.), 1419; circuit split roundup, 1464 Binding arbitration of fee disputes, clause in retainer agreement enforceable (Cal.), 1467 Class representatives' incentive agreements with counsel, fee awards to be reexamined on remand (9th Cir.), 1662 Directors and officers
Advancement of fees to trustee related to internal corporate investigation not required (Md.), 1598
Criminal defense costs already incurred by director, corporation not required to pay (10th Cir.), 1472
Alien who sued CIS for delays in processing naturalization application awarded fees (1st Cir.), 1105; award vacated (1st Cir., en banc), 1633
Awards are property of prevailing party, not attorney (4th Cir.), 1711 Filing period for application begins after expiration of period for filing certiorari petition with Supreme Court (Fed. Cir.), 1028; circuit split roundup, 1206 Third party creditor cannot seize fee award to satisfy prevailing party's debt (8th Cir.), 1148
See ATTORNEY ETHICS
Paralegal who prevailed in FLSA suit against law firm denied fee award due to lawyer's failure to give pre-suit notice (11th Cir.), 1563 Patent infringement (Fed. Cir.), In Brief, 1415 Sarbanes-Oxley Act whistleblower who accepted employer's offer of judgment is prevailing party entitled to fee award (4th Cir.), 1355 Social Security, caps in agency and court hearings, circuit split roundup, 1031; caps are computed independently of each other (9th Cir.), 1044; circuit split roundup, 1206 Taxpayer with contingent obligation to repay fees paid by third party may be awarded fees by Tax Court (9th Cir.), 1722
See MOTOR VEHICLES
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