National Law Journal http://www.law.com/jsp/nlj/index.jsp Updated daily en-us 02/09/2012 Copyright 2009. Incisive Media US Properties, LLC. All rights reserved. http://www.law.com/service/terms_conditions.shtml National Law Journal http://www.law.com/img/newswire/nlj_rss.gif http://www.law.com/jsp/nlj/index.jsp Ex-law students sue Texas Southern after they flunk out Two former students at Texas Southern University Thurgood Marshall School of Law, claiming that their Contracts II professor gave them unfairly low grades that resulted in their dismissal from the program, have filed suit against the professor, the university's Board of Regents, and the law school. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541708087&rss=nlj 1st Circuit revives Big Dig whistleblower's retaliation claim A few days after ruling against whistleblowers, the U.S. Court of Appeals for the 1st Circuit has issued a decision favorable to them. The court revived a whistleblower's retaliation claim against a company that fired him a few days after settlement of a False Claims Act lawsuit against it. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541663857&rss=nlj Class members wrangle over leftover money in prostate cancer drug settlement How district courts should distribute leftover class action settlement money to charities was up for debate at the U.S. Court of Appeals for the 1st Circuit. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541784409&rss=nlj 1st Circuit revives Big Dig whistleblower's retaliation claim A few days after ruling against whistleblowers, the U.S. Court of Appeals for the 1st Circuit has issued a decision favorable to them. The court revived a whistleblower's retaliation claim against a company that fired him a few days after settlement of a False Claims Act lawsuit against it. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541663857&rss=nlj Renegade Toyota lawyer loses bid to overturn arbitration loss Dimitrios Biller, the former in-house attorney for Toyota Motor Sales USA Inc. who accused the automaker of discovery violations in products-liability cases, lost his appeal to overturn a $2.5 million arbitration award against him. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541659241&rss=nlj ABA joins disability advocates in pressuring Law School Admission Council The American Bar Association has sent a message to the Law School Admission Council that it's not happy with that group's handling of requests for special accommodations by takers of the Law School Admission Test. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541612027&rss=nlj Immunity from what? D.C. Circuit examines deal in racketeering case Immunity agreements between prosecutors and a defendant can pose thorny legal issues that pit a suspect's hope for leniency against the government's desire for accountability. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541663465&rss=nlj Archbishop challenges monastery's copyright infringement claims at 1st Circuit Questions about how copyright law applies to English language translations of ancient religious texts dominated oral arguments in a case at the U.S. Court of Appeals for the 1st Circuit. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541621029&rss=nlj No SOX protection for whistleblowers working for contractors of public companies Employees of privately held contractors or subcontractors of public companies are not eligible for whistleblower protection under the Sarbanes-Oxley Act of 2002, the U.S. Court of Appeals for the 1st Circuit has ruled in a case of first impression. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541535068&rss=nlj E-Discovery: A question of costs A discovery order in October against KPMG LLP hit the defense bar like a tire iron?the accountancy firm said the expense might run to $100 million dollars. To critics, the order was emblematic of out-of-control electronic discovery costs that litigants are using to bludgeon the opposition into settling. The scant statistics available don't necessarily bear it out, but practitioners and academics who specialize in electronic discovery can cite enough horror stories to support the conviction that there's a growing problem. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202540367052&rss=nlj E-DISCOVERY: Crushing Costs What data there are — and there aren't many — don't support notion that costs are forcing settlements. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202540192798&rss=nlj E-DISCOVERY: Model order has import beyond patent cases Judge Randall Rader introduced it, saying greatest weakness of system is expense, driven by discovery excesses. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202540191539&rss=nlj E-DISCOVERY: The rising tide of nonlinear review Disruptive technology, savvy clients and cost pressures are changing the e-discovery game. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202540192949&rss=nlj E-DISCOVERY: Costly moments in electronic discovery http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202540170523&rss=nlj THE CONNECTED LAWYER: Follow up the right way The No. 1 impediment to lawyers building their books of business is failure to follow up. Here's how to do it properly. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541786252&rss=nlj THE PRACTICE: Recent developments in rulings on sanctions Among the decisions from the past two years, several turn on state of mind — of the offender or the accuser. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541256896&rss=nlj OPINION: Five myths about pro bono Among them are the notions that law firms only want "sexy" matters and that the amount of pro bono work is dropping precipitously at large firms. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541257122&rss=nlj THE CAREERIST: Lessons from the Iron Lady Bad news, ladies: You might have to trash the Manolos and the Jil Sander ensemble. Instead, break out the sensible Ferragamo pumps and head to the nearest Talbots for some royal blue suits. And while you're at it, stock up on the extra-hold hairspray. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202541259061&rss=nlj The 2012 Forecast With storm clouds in Europe and political uncertainty in the U.S., which Washington practices will flourish and which will fail this year? We asked three D.C. managing partners. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202538426153&rss=nlj 2012: PRO BONO HOTLIST It's an ugly situation — pro bono work by large law firms is on a steep decline. This year's Pro Bono Hot List highlights 10 firms that haven't forgotten their professional obligations even — especially — during hard times. Often, at considerable expense or risk to themselves. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202537061531&rss=nlj 2011: The Year in Review We attempt in this special issue to make sense of the past year and scope out what awaits in the future. The picture isn't always pretty, but cheer up: 2012 is an election year. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202536607393&rss=nlj