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February 15, 2010 |

Stealth war over judges

Republicans have been able to use the Senate's rules to frustrate President Barack Obama's judicial nominees. The White House is hoping to change that by picking up the pace of nominations.
6 minute read
April 03, 2008 |

2nd Circuit Allows Bias Claim of White Man With Black Wife

The 2nd U.S. Circuit Court of Appeals held for the first time Tuesday that Title VII of the Civil Rights Act of 1964 may be violated where a white man is fired for associating with a person of another race - in this case his black wife.
5 minute read
February 17, 2010 |

Senate Republicans Wage Stealth War Over Judges

The scene has become familiar in the U.S. Senate: A nominee for a federal judgeship lingers for months without a confirmation vote, held up by an anonymous objection, but, when the roll is eventually called, not a single senator votes against the nominee. It's a strategy that's proven effective in part because Democrats haven't pressed the issue, so Republicans haven't needed to take a public stand in order to delay nominees. But the White House is hoping to change that by picking up the pace of nominations.
6 minute read
February 26, 2004 |

Even for the Supreme Court, Recent Litigating Counts

Though many of the U.S. Supreme Court justices were experienced litigators before becoming appellate judges, the average date they last worked as courtroom advocates was 1976. Luther T. Munford argues that, since then, drastic changes have occurred in litigation practice -- from discovery to technology to Federal Rules of Civil Procedure -- and that it's time to save a seat on the Court for an attorney with a stronger connection to the real world of lawyering.
4 minute read
October 13, 2009 |

Are fund managers villains or scapegoats

The Former Bear Stearns Cos. hedge fund managers Ralph Cioffi and Matthew Tannin are either responsible for triggering a $1.4 billion hedge fund implosion or are scapegoats for a government eager to affix blame for it. Jurors selected for a trial beginning today in Brooklyn, N.Y., federal court must decide whether the two men misled investors about the health of two hedge funds that collapsed in 2007.
9 minute read
October 28, 2010 |

Jailed financier Stanford accuses ex-lawyer of incompetence

Jailed Texas financier R. Allen Stanford's lead attorney was replaced on Wednesday after the once high-flying billionaire accused him in a scathing letter of incompetence, unethical behavior, deceit and only caring "about dipping his fingers in the money pot" of a case that has so far resulted in millions of dollars in legal fees.
4 minute read
August 09, 2011 |

Is E-Discovery Instant Karma Gonna Get You?

In my November 2010 column, "Is E-Discovery Practice the New Fourth Amendment?" I posed the question of whether Victor Stanley Inc. v. Creative Pipe Inc. in the U.S. District Court for Maryland and Rockwood v. SKF USA in the U.S. District Court for New Hampshire signaled a trend toward courts using sanctions for e-discovery violations as they do the exclusionary rule for Fourth Amendment violations, i.e. — to "police" the practice of e-discovery generally by imposing sanctions not simply to punish the litigant, but to deter the future misconduct of others.
12 minute read
May 28, 2013 |

'Follow That Escapee!'

In a case that reads like it came straight out of a Hollywood crime drama, a woman said she and her vehicle were commandeered by law enforcement officers and forced to chase a prisoner escaping on foot who, when finally apprehended, was tossed in her back seat while she cowered behind the wheel. Kevin Leipow (above) says his client required treatment for anxiety and fear after the incident.
8 minute read
June 28, 2010 |

Look Into the Crystal Ball: The Next 25 Years

In addition to celebrating the past, Texas Lawyer is looking ahead to the next 25 years. Law editor Jacylyn Gardner contacted attorneys to get their thoughts on what the next quarter-century may hold for Texas law and lawyering. Their e-mailed responses (including one haiku) are below, edited for length and style.
15 minute read
April 24, 2013 |

'Morrison's' Impact on Claims Under the Commodity Exchange Act

Todd G. Cosenza, a partner at Willkie Farr & Gallagher, reviews recent Southern District decisions that represent important expansions of 'Morrison v. National Australia Bank' outside of the context of traditional equity and debt securities, and demonstrate that district courts will attempt to discern a clear, affirmative intent in a statute's text that it applies extraterritorially before expanding the statute's reach to conduct and trades that take place abroad.
9 minute read

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