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9th Circuit KO's Arbitration Rules
The 9th Circuit cut in front of the California Supreme Court on Tuesday by ruling that the state's stringent ethics rules for neutral arbitrators are trumped by federally sanctioned standards -- an issue the state high court is set to tackle next week. California's arbitration standards conflict with those of self-regulating organizations, which are approved by the Securities and Exchange Commission. The 9th Circuit opinion held that rules used by SROs maintain uniformity nationwide.Microsoft Deputy GC Discusses Yahoo Deal, Chinese Hackers
Copying of Religious Work not 'Fair Use'
Copying a religious work for distribution is not fair use and does not fall within the narrow exception for religious uses under the Copyright Act, the 9th U.S. Circuit Court of Appeals ruled. At issue is a 380-page book written and copyrighted by Worldwide Church of God founder Herbert Armstrong, which two former WCG ministers copied for their subsequent congregation, the Philadelphia Church of God.Appeal May Expand Actual-Innocence Claims Beyond Capital Cases
The U.S. Supreme Court is set today to hear a case that could expand the "actual innocence" exception to the federal procedural default rule to non-capital cases. Both sides in the case acknowledge in briefs filed with the high court that the lawyer who represented Michael Wayne Haley at trial failed to raise the sentencing issue on direct appeal. Several federal circuits have split on whether the exception can be applied to all sentencing.Smokers Await Calif. High Court Ruling With Bated Breath
The California Supreme Court will hear arguments today to resolve an unsettled point of law in the vast realm of smoking suits. When are longtime smokers who relied on manufacturers' false safety claims required to file suit: when health problems emerge, or much earlier, when smokers realize they're addicted? Appellate specialist Daniel Smith, who will argue in the case, said the ruling will be critical for smokers who were lulled by ads into a sense of security, only to later develop serious illnesses.IP Verdicts Exceed $1.3 Billion
As figures from last year's verdicts show, companies are prepared to go to the mat to protect intangible assets.Faked Documents May Be at Core of Apple Case
According to people in the know, federal prosecutors are examining Apple administrative documents that were apparently falsified by company officials to maximize the profits of option grants to executives. The faked documents could be a key issue for government officials deciding whether to pursue the Apple case as a criminal matter. There's also speculation that prosecutors are focusing on ex-GC Nancy Heinen and ex-CFO Fred Anderson. Meanwhile, CEO Steve Jobs has hired his own counsel.Trending Stories
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