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Directors' Exercise of the Corporate Privilege
In his Corporate Litigation column, Simpson Thacher & Bartlett partner Joseph M. McLaughlin writes: Current directors of a corporation have a near-absolute right to inspect the corporation's books and records, including the privileged legal advice the corporation seeks and obtains. Recent case law exploring the boundaries of this right illustrates that in practice the analysis is more nuanced.DOJ Fires at Lawyers for Big Tobacco
The federal government's suit against the tobacco industry is still being actively pursued. Last month, the Justice Department filed a motion claiming that industry lawyers violated the D.C. Rules of Professional Conduct. And at a hearing on Friday, the government said that top Philip Morris officials deleted thousands of e-mail messages they should have kept.N.J. Inmates Sue Over Mail Policy
New Jersey state prisoners are challenging a policy that allows officials to open mail from inmates' lawyers -- and allegedly read and copy it -- before delivering it to them. The Department of Corrections instituted the tougher policy to guard against mail threats such as anthrax, but three prisoners at Eastern Jersey State Prison in Rahway claim the policy is an unconstitutional chill on lawyer-client communications.Law Schools Turn Up Funding Efforts
To help boost faculty pay, improve facilities and woo promising students to their programs, law schools say they are bolstering their development programs. "An arms race has been under way," said Christopher Edley Jr., dean of Boalt Hall School of Law, a state-funded school. That arms race has upgraded the quality of schools but has meant an increased reliance on private contributions.3rd Circuit Rejects Defendant's 'Pre-Packaged' Bankruptcy
Finding that its "pre-packaged" bankruptcy plan was riddled with flaws, the 3rd Circuit has rejected a corporate defendant's bid to resolve all of its outstanding asbestos claims by establishing a $1.2 billion trust. In re Combustion Engineering Inc. is the first appellate court ruling on a growing trend among asbestos defendants to pre-package a bankruptcy by filing a disclosure statement and reorganization plan that has already been voted upon by impaired creditors.Sullivan & Cromwell Suit Against Vendor Highlights Problems With E-Discovery
Exacting Easterbrook to Be Chief of 7th Circuit
Judge Frank H. Easterbrook has long told his law students, only half in jest he says, that he wishes he had a button on his courtroom bench that he could push to open a trapdoor beneath the feet of attorneys not properly prepared for court, sending them down a chute to the street outside. So far, he has no plans to install such an apparatus when he becomes chief judge of the 7th Circuit in November. Court watchers praise Easterbrook's intellect, but opinions about his tough courtroom style vary widely.114 More Sue NFL Over Traumatic Brain Injuries
One hundred fourteen professional football players and their wives sued the National Football League May 3 as part of expanding national litigation centered around traumatic brain injuries.Trending Stories
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