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February 3, 2012

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Federal Judge Heeds PhoneDog's Barks Over Twitter Account Ownership


Who owns a Twitter account -- the person who used it or the company for which he worked at the time? That question has yet to be resolved, but a federal magistrate judge has allowed several claims by PhoneDog LLC to move forward over a video blogger's continued use of a Twitter account after he was hired by a competitor of the online review company. PhoneDog is seeking $340,000 in damages for Noah Kravitz's access to 17,000 PhoneDog Twitter followers over an eight-month period.

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Was Penn State's GC Counsel for University Officials?


In-house lawyers understand that they're hired to represent the entity that issues their paychecks, not the executives and staff. But as evidenced by the testimony of two Penn State University officials, a company's lawyers and constituents can understand the relationship differently.

2nd Circuit Affirms Sanctions Against Attorneys in 9/11 Conspiracy Claim


Sanctions against two attorneys who insist that former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld caused the Sept. 11, 2001, terror attacks have been upheld by a unanimous 2nd Circuit panel that refused to disqualify itself from the case.

CNN Doesn't Get Far in Fight Against Closed Captioning


In a hearing Thursday, a federal magistrate judge seemed to agree with disability advocates that forcing CNN to provide closed captioning on its Internet videos doesn't violate the First Amendment, since closed captioning doesn't require the news organization to summarize, distill or change its content.

Greenberg Traurig Hit With Suit Alleging Fraud, Breach of Fiduciary Duty


An investor in a now-bankrupt private mortgage broker and real estate loan provider claims in a potential class action brought against Greenberg Traurig that the firm, acting as the broker's counsel, helped hatch a fraudulent scheme that bilked the plaintiff and other investors out of some $700 million.

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No Quick Trial for Former Nixon Peabody Partner in Alleged Ponzi Scheme


David Tamman, a former Nixon Peabody securities partner who was fired while under investigation for allegedly falsifying documents as part of a Ponzi scheme, will have to go to trial in October, despite his attorney's pleas to expedite the proceedings so that Tamman, now a solo in L.A., can get back to work.

Super Bowl Special: A Look at NFL Players' Legal Fees


As the New York Giants and New England Patriots prepare to square off for Super Bowl XLVI, here's a review of how much the NFL players' union spent on its lawyers and lobbyists from Dewey, Latham, Patton Boggs, and Weil in the run-up to last year's labor talks and lockout.

Will Alien Tort Case Be the Next 'Citizens United'?


The next Citizens United may have nothing to do with campaign finance or the First Amendment. In a case the Supreme Court will hear this month, corporations argue that they have no liability under a 1789 statute for torts committed abroad in violation of international law or U.S. treaties.

Is Resolution at Hand in EEOC Bias Suit Against Kelley Drye?


A new court filing suggests the Equal Employment Opportunity Commission and Kelley Drye & Warren may be on the verge of settling a two-year-old lawsuit over Kelley Drye's policy of forcing partners to give up their equity in the law firm at age 70.

9th Circuit Countermands Order to Unseal Prop. 8 Trial Video


A federal appellate panel ruled on Thursday that a San Francisco judge abused his discretion by ordering the release of a video recording of the trial over California's Proposition 8, saying that he ignored a promise upon which supporters of the ban on gay marriage relied.

Judge Rules Abu Dhabi Fund Can't Keep Suit Over $7.5 Billion Citi Arbitration Under Wraps


A federal district court judge in Manhattan has ordered Abu Dhabi Investment Authority to file public versions of court filings in the sovereign wealth fund's challenge to a confidential arbitration award in a multibillion-dollar dispute with Citigroup.

Attorney General Defends Justice Department Over Firearm Sting


House Republicans demanded greater access Thursday to documents on the "Operation Fast and Furious" gun trafficking probe, accusing the Justice Department of hiding information that could embarrass the department. Attorney General Eric Holder Jr. fought back, telling critics the DOJ is not involved in a cover-up.

American Express Again Loses Bid to Enforce Class Action Waiver


In a case that has returned twice in three years because of fresh case law from the U.S. Supreme Court, the 2nd Circuit keeps coming up with the same answer: A class action waiver provision in American Express contracts with merchants is unenforceable under the Federal Arbitration Act.

Wolf Block Asks Pa. Justices to Review Former Partner's Lawsuit


Wolf Block has asked the Pennsylvania Supreme Court to decide if a case by a former partner seeking severance payments can be removed to confidential arbitration. An appellate panel found ex-partner Michael Budin never signed a partnership agreement mandating arbitration and can therefore have his day in court.

McDermott Stems the Tide as Revenues, Profits Rise


After two straight years of financial decline, McDermott, Will & Emery saw revenues and profits per equity partner bounce back in 2011. The improved performance also resulted in a special bonus to all staff members in January. The rebound came as firm partnership shrank to its smallest size in more than a decade.

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DLA Piper DLA Piper's Browning Marean on E-Discovery Proportionality

Browning Marean, senior counsel at DLA Piper, speaks to LTN magazine's editor-in-chief, Monica Bay, about the challenges of fashioning responses to discovery requests that are appropriate -- and proportional -- to a case.

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