United States Law Week: Index-Summary

IDENTITY THEFT

– Double jeopardy (11th Cir.), In Brief, 1176
– Medicare fraud, HHS launches prevention website, In Brief, 2243
– “Red Flags Rule”

– – Attorneys, application of rule to (D.D.C.), In Brief, 2128
– – Enforcement delayed by FTC, In Brief, 2068
– – Exemptions for certain small businesses

See LEGISLATION, FEDERAL, HR 3763

– – 401(k) plans offering loans to participants from own accounts, FTC says rule inapplicable to, 2042

IMMIGRATION

See ALIENS AND CITIZENSHIP

IMMUNITY

See also SOVEREIGN IMMUNITY
– ADA claim by sight-impaired riders, transit system immune under safe harbor rule (9th Cir.), 1118
– Charitable immunity defense, clergy abuse (Me.), In Brief, 1090
– Communications Decency Act

– – Good Samaritan clause, internet security firm protected from claim that filtering software interfered with online media firm's programs (9th Cir.), 1010
– – Telephone records sold, online data broker not shielded from FTC unfair practice claim (10th Cir.), 1025

– Federal Tort Claims Act, U.S. military contractors shielded from abuse claims of Iraqi Abu Ghraib prisoners (D.C. Cir.), 1157
– Qualified immunity

See QUALIFIED IMMUNITY

IMPORTS

See INTERNATIONAL TRADE

INDIANS, AMERICAN

See NATIVE AMERICANS

INEFFECTIVE ASSISTANCE OF COUNSEL

– Plea bargains, attorneys may not negotiate post-conviction relief waivers, Mo. ethics opinion, 2007

INJUNCTIONS

– Aliens' eligibility to work, DHS rule requiring federal contractors to use E-Verify system to check, business groups seek emergency relief (D. Md.), 2125; injunction denied (4th Cir.), In Brief, 2145
– Emergency contraceptive pill Plan B, pharmacists opposed to distributing on religious grounds, preliminary injunction barring enforcement of law requiring all prescriptions to be filled, vacated (9th Cir.), 1039
– Employee stock ownership plan (ESOP), preliminary injunction barring fiduciaries from using corporate assets to pay attorneys' fees upheld (9th Cir.), 1067
– Search and seizure, police preliminarily enjoined from using suspicionless vehicle roadblocks to deter violent crime (D.C. Cir.), 1067
– Unfair labor practices, four-part test applies when NLRB seeks temporary injunction, reasonable cause analysis not required (4th Cir.), 1041; circuit split roundup, 1060

INSIDER TRADING

See SECURITIES FRAUD

INSURANCE

– Attorney for mutual insurance firm does not represent policyholders (2d Cir.), 1212
– Attorney malpractice insurance

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

– Director and officer liability policy, no indemnification of corporation since only corporation named defendant (1st Cir.), 1219
– Equity indexed annuities, SEC rule invalid due to flawed analysis of economic effect (D.C. Cir.), 1073
– Health insurance

See HEALTH INSURANCE

– Hurricane Katrina, class suit against levee districts and insurer settled (E.D. La.), In Brief, 1159
– Subrogation, insurers of property destroyed in Sept. 11 terrorist attacks (S.D.N.Y.), In Brief, 1144
– Title insurance fees, homeowners who refinanced mortgages may not challenge under Real Estate Settlement Procedures Act (4th Cir.), 1008

INTELLECTUAL PROPERTY

– Copyrights

See COPYRIGHTS

– Patents

See PATENTS

– Trademarks

See TRADEMARKS

INTERNATIONAL DEVELOPMENTS

– Alien Tort Statute

– – Aiding and abetting liability, purposeful assistance of international law violation required (2d Cir.), 1223
– – Foreign union leaders' suits against employers

– – – Forum non conveniens, claims against Del Monte (11th Cir.), In Brief, 1160
– – – Pleading standards not met, claims against Coca-Cola properly dismissed (11th Cir.), 1089

– Attorneys, outsourcing of work to foreign lawyers allowed, Colo. ethics opinion, 2154
– Border searches of electronic devices, DHS guidelines for conducting, 2124
– Environmental damage by U.S. mining company, act of state doctrine inapplicable to foreign government claims, no removal jurisdiction (9th Cir.), 1186
– Foreign Sovereign Immunities Act

See FOREIGN SOVEREIGN IMMUNITIES ACT

– Holocaust restitution and Armenian Genocide claims, Cal. extended limitations periods preempted (9th Cir.), 1116
– Offshore tax evasion

– – Americans with UBS accounts, Swiss officials to release names, 2113
– – DOJ probes and prosecutions, conferees discuss increases in, 2193
– – Exchange of data, U.S.-Swiss treaty, In Brief, 2180
– – Voluntary disclosure of offshore assets, application process, In Brief, 2068; deadline extended, In Brief, 2180; IRS Comm'r announces number of taxpayers seeking amnesty, 2222

– Service of process, foreign letter rogatory (D. Colo.), In Brief, 1243
– Terrorism

See TERRORISM

INTERNATIONAL TRADE

– Bribery, Foreign Corrupt Practices Act enforcement efforts targeting more corporate executives, Analysis and Perspective, 2087
– Labor law violations, Wal-Mart owes no duty to foreign suppliers' workers to monitor for (9th Cir.), 1040

INTERNET

– Ed. Note: For electronic sales of goods and services, see ELECTRONIC COMMERCE.
– Attorney advertising, lawyers may tout victories on website, disclaimers required, N.C. ethics opinion, 2202
– Blog, expulsion of nursing student for inappropriate content (W.D. Ky.), In Brief, 1160
– Communications Decency Act, immunity

– Copyrights

– – Fair use, DOJ antitrust probe into Google settlement on digitizing books (S.D.N.Y.), In Brief, 2032
– – Music playlists created by webcasting service not interactive, statutory licensing fees proper (2d Cir.), 1119
– – Photo posted on website, simultaneous publication (D. Del.), In Brief, 1243
– – Royalties for webcasts, most rates set by royalty judges upheld (D.C. Cir.), 1049

– Domain names, abusive registration process curbed by fees and limits on registration, ICANN report, 2115
– Federal Register to be published in XML format, In Brief, 2212
– Free speech, town website may include link to school-sponsored event site while rejecting link to taxpayer group site (1st Cir.), 1188
– Gambling, law barring businesses from processing payments for illegal transactions upheld (3d Cir.), 1137
– Social Security numbers, online posting of data from public records (E.D. Va.), In Brief, 1026
– Spam e-mail, individual lacks standing to bring private CAN-SPAM Act claim since not internet access provider (9th Cir.), 1087

INTERROGATIONS

– Right to counsel, police officer taunting suspect (4th Cir.), In Brief, 1091

INTERSTATE COMMERCE

See COMMERCE CLAUSE

INTERVENTION

– Sherman Act preemption matter, intervention by gas retailers (7th Cir.), In Brief, 1158