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September 22, 2004 |

Being Dan Webb

You want to be Dan Webb. You want Jack Welch calling you when his divorce gets ugly. You want former Illinois Gov. George Ryan calling you when federal prosecutors indict him for fraud and racketeering. You want The New York Times anointing you a "superlawyer"; clients happy to pay your $700-an-hour fee. It must be great to be Dan Webb. Of course if you were, you would've spent May holed up in Gilmer, Texas, a fleck of a town in East Texas whose claim to fame is its annual Yamboree yam festival.
15 minute read
April 04, 2005 |

U.S. Supreme Court Finds Medellin Case a Muddle

The U.S. Supreme Court seems torn over how -- and even whether -- to decide a key Texas death penalty case that questions whether an international court has the power to order domestic courts to hear new death row appeals. Because of fast-breaking developments in the case, on March 28 several justices appeared ready to delay their decision or even to dismiss the case of Medellin v. Dretke while conflicting forces at the state, federal and international level sort out what happens next.
8 minute read
July 01, 2003 |

The Rules Of The Game

Ne day last winter, Ruth Kennedy watched two bare-chested men assault each other with a brutal array of kicks, elbow chops, and choke holds. Kennedy was used to a little violence: As general counsel of the Redwood City, California-based video game maker Electronic Arts Inc., she has seen her share of animated body slams and bone-crushing quarterback sacks. But in Kennedy's mind, this new fighting game-Def Jam Vendetta-went too far. The background rap music and the characters' taunts bordered on the profane.
14 minute read
July 18, 2005 |

Williams v. Kenney, et al.

Defendant-attorney's statements to plaintiff's employer about plaintiff's relationship with a member of her client's office and plaintiff's resulting bias in reporting, had nothing to do with the racial discrimination and retaliation complaints filed by defendant's client against his employer; even if the relationship was relevant in some way, the extra-judicial communication did not serve any purpose other than to encourage the newspaper to stop printing the articles, and the statement is not protected by
13 minute read
June 14, 2007 |

Delaware and New York Judges Claim Topps Litigation

Touting their prospective speciality business courts, judges in New York and Delaware both have refused to dismiss virtually identical lawsuits against Topps Co. The breakdown in comity raises the prospect that executives, attorneys, shareholders and other parties will be forced to shuttle back and forth between Manhattan and Wilmington to resolve contentious issues surrounding a proposed sale of the baseball card manufacturer.
7 minute read
August 27, 2012 |

Lessons Learned From Affordable Care Act Oral Arguments

Lawrence T. Gresser, co-founder and managing partner of Cohen & Gresser, and Elizabeth F. Bernhardt, counsel at the firm, study the oral arguments, with the benefit of perfect hindsight, to try to see why many commentators erred in their predictions about the outcome of the case and what lessons can be drawn.
12 minute read
December 01, 2007 |

Hard Choices

Chiquita says it had to pay off Colombian terrorists to protect its employees. But the Justice Department says the company simply made an "expedient" choice. An exhaustive look at the four-year probe finds that neither side is exactly right.
15 minute read
November 19, 2001 |

A Scramble for Cover in Indian Case

Some 39 lawyers and officials from the departments of Interior, Justice and Treasury have been summoned to appear before U.S. District Judge Royce Lamberth in Washington, D.C., in connection with a long-running lawsuit over a massive Indian trust fund. But the current charges have less to do with the fund than with what plaintiffs say is a long history of obfuscation, delay and outright lying by the government in the litigation itself.
7 minute read
January 12, 2010 |

Unknown Salaries and Start Dates Don't Impact Law Firm Job Acceptance Rates

With graduation less than five months away, former summer associates in Texas have been accepting full-time offers even though some firm leaders, such as those at Vinson & Elkins, did not tell them their start date or salary. Despite the lack of information, the acceptance rate for V&E's job offers rose significantly over last year's. Perhaps not surprisingly, at a time when some firms didn't have summer programs and others extended no offers, acceptance rates have risen for several other Texas firms as well.
10 minute read
October 24, 2005 |

DeWees v. Pernot

In determining on the motion for summary judgment whether plaintiff, after making out a prima facie case, produced sufficient evidence to rebut the employer's alleged legitimate reason for its adverse action, the motion judge incorrectly focused on whether each incident alone could be the basis for an inference of discrimination, and did not consider that a jury may infer discrimination based on plaintiff's prima facie case and rejection of defendants' reasons.
11 minute read

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