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Janet, meet Jane If judges can be affected by real-world events that mirror the cases before them, Jane Fonda’s unbleeped blooper on NBC’s Today show might help in an ongoing court battle between CBS and the Federal Communications Commission (FCC). CBS last year appealed the FCC’s $550,000 fine on the network for Janet Jackson’s breast-flashing incident in the 2004 Super Bowl halftime show. The 3d U.S. Circuit Court of Appeals has the case. On the Feb. 14 Today show, for those who missed it, Fonda uttered the “C word” when she was interviewed by Meredith Vieira about her role in the play “The Vagina Monologues.” The Today show airs live on the East Coast, where the word was not muted or bleeped. The three judges who heard the Janet Jackson case may already be finishing up their work, but if any or all of them saw the Fonda incident, it just might have changed their opinion on whether networks should be held responsible for such an unbleeped blooper. The two incidents were similar � at least from a legal standpoint. Both occurred outside the less restrictive evening hours when coarser language and some nudity seem to be tolerated. Both occurred in live broadcasts. And both involved major celebrities who are not on the networks’ payroll and could be seen as acting independently. Of course, one was an allegedly indecent image, while the other was merely a single word. “CBS neither planned nor approved this split-second incident,” attorney Robert Corn-Revere of Seattle-based Davis Wright Tremaine argued. � The Legal Intelligencer A little child shall lead them Next time, maybe they’ll listen to the summer associate. Paul, Hastings, Janofsky & Walker has asked an Atlanta federal judge to approve a settlement of a case alleging that some of the firm’s Los Angeles lawyers helped clients sell investments in roving billboards that they should have realized were a scam. The thing is, the firm had been warned that the investments were the sort of things securities regulators might scrutinize. Katherine A. McGowan, then a summer associate, wrote a memorandum on July 30, 2003, warning client California Mobile Billboards of America that it should “take caution . . . for it faces a significant risk of an enforcement action from the [U.S. Securities and Exchange Commission] or California Securities Commissioner.” That’s according to the complaint filed by disgruntled investors in Georgia. The investors and federal overseers have asserted in court documents that the deal was essentially a Ponzi scheme. The investors’ complaint said that McGowan’s supervising partner “nullified” her memorandum after it created a stir with the client. He is said to have told an employee of the company to destroy the memorandum and ignore its conclusion. Records from a North Carolina federal court show that in January, a company founder, Michael A. Lomas, pleaded guilty to mail fraud. Later, a jury found company agents guilty of conspiracy and mail fraud. In Paul Hastings’ filings, the firm said that it didn’t know about its clients’ fraudulent activities. � Fulton County Daily Report A cry for help? A man who allegedly lost a bag of marijuana in a convenience store near Bismarck, N.D., was arrested after calling the store and asking if his lost drugs had been found. The clerk notified authorities, and 18-year-old William Sandwick was arrested when he returned to the store and picked up the bag. Sandwick faces misdemeanor drug charges. � Associated Press

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