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Given that patent litigation brought by non-performing entities (n�e patent trolls) continues in full blossom, it's no surprise that Big Firm castaways are leaping in to get a piece of the action on the plaintiffs side. But representing trolls carries risks for lawyers who earned their patent pedigrees at defense firms, as a pair of decisions highlighted on Thursday.
Bradley on Law: Where He Stands
During his nearly two decades in the Senate, Bill Bradley never sat on the Senate Judiciary Committee and was never a major player in congressional debates over crime policy or civil justice reform. As his campaign for the Democratic nomination for president continues to gather momentum, Bradley may not have spelled out his views on the legal system, but the nonlawyer is by no means without strong opinions on the subject. Bradley appears to eschew the simplistic, sound-bite approach to legal issues.Anastasia D. Kelly, Sears, Roebuck and Co.
Anastasia D. Kelly is corporate counsel for Sears, Roebuck and Co., the nation's second-largest retailer with approximately 850 mall-based and 1,400 specialty stores.The U.S. Supreme Court on Wednesday sharply limited the reach of a federal law used to hold corporations and others accountable for human rights abuses committed abroad. But human rights lawyers predicted additional litigation over how much of the federal courthouse door was left ajar.
Viacom International is getting a second shot at proving that YouTube massively infringed its copyrights by hosting clips from shows like "The Daily Show" and "Family Guy" without its permission. And whether Viacom and its lawyers succeed or not, they've already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.
Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules
The legal market in Brazil has been particularly active in recent months, with firms like Milbank and Gibson Dunn announcing they were opening Brazilian offices. But a recent ethical and disciplinary panel opinion of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world's fastest-growing economies. Although only advisory, the opinion indicates where a more formal ruling might fall if a case were brought against major U.S. firms operating in Brazil in alliance with local firms.The Supreme Court Cert Pool: Sotomayor Joins It, Lawyers Attack It
As expected, new Supreme Court Justice Sonia Sotomayor has joined the Court's so-called cert pool, at least for now. The controversial pooling arrangement, whereby the thousands of incoming certiorari petitions are divvied up among the clerks of the justices who participate, came under considerable criticism at a conference Friday on the Court's case selection process. One prominent theory about why the Court's docket has shrunk has to do with the cert pool, and it might be labeled the "timid law clerk" syndrome.Supreme Court Rejects Early Appeals of Attorney-Client Privilege Determinations
Federal court orders requiring litigants to disclose information that they believe is protected by the attorney-client privilege do not qualify for immediate appeal, the U.S. Supreme Court ruled Tuesday. In her first opinion since joining the Court, Justice Sonia Sotomayor wrote that permitting successive, piecemeal appeals of all adverse attorney-client privilege rulings "would unduly delay the resolution of district court litigation and needlessly burden the Courts of Appeals."Trending Stories
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