The National Law Journal

April 23, 2007 | National Law Journal

The decline in securities fraud litigation reflects a reduction in the incidence of securities fraud since the "Enron era" and the successful impact of the Sarbanes-Oxley Act.

By Joel Seligman and Harvey J. Goldschmid/Special to The National Law Journal

5 minute read

November 10, 2003 | National Law Journal

The possibility of material inaccuracies in a company's reported financial statements may prompt an investigation that will have important ramifications for the company and its senior management. Counsel for the corporation will often play a significant role in the investigation, either conducting it or providing representation to the company throughout the inquiry.

By Harry FrischerSpecial to The National Law Journal

11 minute read

February 18, 2008 | National Law Journal

On Oct. 29, the commissioner of the Social Security Administration proposed drastically changing the procedural rules for adjudicating claims for Social Security benefits. The SSA does not state that the current rules result in nondisabled people being wrongfully awarded benefits. Rather, by making the hearings and appeals process more difficult, it apparently means to deny benefits to many disabled people. This is not sound policy for operating a safety net for the most vulnerable members of our society.

By Robert E. Rains / Special to The National Law Journal

6 minute read

June 26, 2006 | National Law Journal

In Brooke Group, the high court sought to minimize the risk of deterring competitive price cuts by establishing a very high and strictly objective standard for predatory pricing claims. But that decision was followed by a string of lower-court dismissals.

By Jim Weiss, John Longstreth and Brian McCalmon/Special to The National Law Journal

11 minute read

July 26, 2004 | National Law Journal

The approaches thus far to investigating the abuses at Abu Ghraib prison have been piecemeal and insufficient. What is needed requires a military Court of Inquiry — with independent members, sufficient resources and subpoena power.

By John D. Hutson Special to The National Law Journal

5 minute read

June 23, 2008 | National Law Journal

On June 17, 1968, the U.S. Supreme Court held in Jones v. Alfred H. Mayer Co. that Congress had the power to outlaw private housing discrimination. It based its decision on the 13th Amendment, which empowered Congress to "pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States." Today, its holding is worth re-examining. The court found that 42 U.S.C. 1982 clearly extended to private action, and Congress had the constitutional power to enact such a statute.

By William Carter Jr. / Special to The National Law Journal

5 minute read

September 06, 2004 | National Law Journal

Cell phones are a wonder of technology, but much to the amazement of those who use them indiscriminately, they don't come with an invisible, soundproof forcefield. For that matter, client confidences blabbed in elevators, courthouse bathrooms and other locales are an invitation to disaster. Loose lips sink ships; it's a lesson best learned early in one's career.

By Gerald SkoningSpecial to The National Law Journal

8 minute read

July 25, 2005 | National Law Journal

Why news organizations have repeatedly turned to Floyd Abrams as their paladin is deftly revealed in his superb book, Speaking Freely: Trials of the First Amendment (Viking 2005), that vividly recounts some of his courtroom battles on behalf of reporters, newspapers and the electronic media.

By Pierce O'DonnellSpecial to The National Law Journal

4 minute read

February 09, 2004 | National Law Journal

Lots of lawyers have appeared before millions on the silver screen making arguments wisely and well. But can a case be made for them as first-seaters when it comes to romance? If not, what does that tell us about our occupation?

By Joseph H. Cooper Special to The National Law Journal

5 minute read

December 10, 2007 | National Law Journal

The SEC allows the sale of securities to individuals who do not need the protection of registration because they can fend for themselves when investing. It now plans to create a category of accredited investors consisting of those with as little as $750,000 of investment owned funds. There must be a large number of retired folks with such assets. Yet they can hardly be deemed, by that fact alone, to be sophisticated enough to protect their financial interests. SEC registration should thus remain the norm.

By Daniel Morrissey / Special to The National Law Journal

4 minute read