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Supreme Court review sought in public accounting board case
The federal appeals court opinion that upheld the constitutionality of the Public Company Accounting Oversight Board was a disastrous decision that undermines the president's ability to supervise federal officers, say Jones Day lawyers who want the Supreme Court to review the case. The lawyers are urging the Court to review a split decision in which a D.C. Circuit judge wrote a 58-page dissent, calling the case the most important separation-of-powers litigation to reach the courts in more than 20 years.City of New York v. Group Health Inc.
City Denied Production of Cost, Profits Documents Sought in Challenge to Merger of Health InsurersSubpoenaing Its Own Client Earns Pepper Hamilton a Judge's Upbraiding
Size certainly matters, but it's not always an advantage, as 400-lawyer Pepper Hamilton learned the hard way. The firm's Philadelphia office subpoenaed as a witness a longtime client of its Detroit branch, only to see a Pepper Hamilton lawyer from Detroit show up with a motion to quash. "Serving a subpoena on an existing firm client is, to say the least, a professional embarrassment to be avoided at all costs," wrote U.S. District Judge Stephen Orlofsky.Insurers have flooded the courts with suits against investors that play a form of poker with the Grim Reaper by purchasing life insurance policies from third parties. A pair of related decisions issued last week by the Delaware Supreme Court may help insurance companies keep such "life settlement" investors in check.
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Newspaper Prevails in Photographer's Copyright Suit
A federal jury in California on Monday rejected copyright claims in a lawsuit accusing the San Jose Mercury News of illegally publishing a photograph. Christopher Harris, a digital media communications professor at Middle Tennessee State University, claimed the newspaper reprinted one of his photos in a 2003 book review without his written approval. The Mercury News, however, argued during the week-long trial that it was allowed to publish the picture because of the fair use privilege.New Gibson Partners Add Diversity
The firm has been criticized for a notable lack of diversity in its partner ranks. This year's class marks a sharp improvement.Baker & McKenzie, Dickson Minto Handling Itochu U.K. Tire Acquisition
Japanese conglomerate Itochu Corp. is acquiring U.K. tire retailer Kwik-Fit for $1 billion.Holocaust Suit Against French Banks Proceeds
Holocaust survivors may continue to press their claims against French banks for looting assets, after a New York federal judge denied motions to dismiss two class actions. In the consolidated lawsuits, U.S. citizens and foreign nationals seek the recovery of cash, records, art and other property allegedly wrongfully taken from them and their family members during the Nazi occupation of France.Shareholder M&A litigation is keeping a lot of lawyers awfully busy these days, especially in Delaware. But plaintiffs lawyers looking for guidance on a key provision of Delaware law related to such cases were turned away by the state's highest court this week, leaving them on the sidelines of derivative litigation over a $9 billion deal involving Freeport-McMoRan.
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