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Court Nixes Irrebuttable Presumption of Conflict for Departing Lawyer
In an opinion that will go a long way toward protecting lateral hires from disqualification based on imputed conflicts of interest, the 5th U.S. Circuit Court of Appeals has ruled it is a rebuttable presumption that attorneys have client confidences from their old firms when they change jobs. "This case provides guidance at a court of appeals level," says Kirk Kennedy (pictured).Discovery OK'd for Mark Cuban's Effort to Get Fees in SEC Case
Earlier this year Dallas billionaire Mark Cuban persuaded a judge to dismiss a U.S. Securities and Exchange Commission insider-trading case against him. Now, that same judge has issued a rare ruling that allows Cuban to take depositions in an effort to show that the government should pay his attorneys' fees.Survivor Suits Lodged in Aftermath of Fatal Tour Helicopter-Airplane Crash
Survivors of five sightseeing helicopter passengers killed in a mid-air crash over the Hudson River last summer have sued the tour operators and other defendants in federal court in Newark, N.J. The decedents, members of two families from the vicinity of Bologna, Italy, departed from the West 30th Street Heliport in Manhattan on Aug. 8 and collided with a small plane at 1,100 feet. Both aircraft plunged into the river near Hoboken, N.J., killing everyone on board.Practice Tips From Professional Wrestling
I'll admit it. From time to time, I watch professional wrestling. I may also have been to a live event or three. The more time I spend watching wrestling, the more parallels I see between wrestling and the practice of law. Here are a few.Avoid Environmental Issues in Foreclosures
It's a bad day for the loan officer who forecloses on a loan and unwittingly assumes major environmental liability, write Elizabeth E. Mack and Susan M. Rainey. Some environmental issues have such a great impact on the property's value and risk profile that a decision not to foreclose is simple.Summer Associates Survey 2011: A Season In the Sun
After two years of economic anxiety, summer associates rediscover their optimism.Commentary: Beware of the Legal Undertow in the Office Betting Pool
Kip Mendrygal says he has heard rumors that associates at some Texas firms engage in office betting pools, whether for fantasy football, TV dating shows, the next associate couple to begin/end a relationship, etc. "As with sightings of the legendary predator Chupacabra, I have never actually seen or participated in such pools myself, but credible evidence indicates they exist," he says. So he offers some free advice to those playing the game.Judge Enjoins Cigar Maker's Use of Cohiba Name
Among cigar aficionados, the Cohiba name has a legendary mystique. Although the brand originated in Cuba, Cohibas have been marketed in the U.S. by an American company called General Cigar for more than a decade. But how long it will continue to do so will depend on the 2nd Circuit. In a decision made public on Monday, Manhattan Federal District Court Judge Robert Sweet enjoined General Cigar from using the Cohiba name. But Judge Sweet also stayed the injunction pending General Cigar's appeal.Trending Stories
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