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2nd Circuit Revives Suit Targeting Power Plant CO2 Emissions
Global warming lawsuits brought by New York State and others who challenged major utilities on carbon-dioxide emissions from coal-burning power plants were reinstated Monday by the 2nd U.S. Circuit Court of Appeals. In a decision that New York Attorney General Andrew Cuomo called "game-changing," the circuit found there was no need for the trial court to defer to the political branches and refrain from hearing the suit until there is a definitive policy statement on global warming from Congress and the president.Survey Shows Pa. Law Firms Don't Shine When It Comes to Diversity
Whether they moved up or down in the ranks of this month's Diversity Scorecard in Legal affiliate The American Lawyer, most Pennsylvania-based firms have little to show when it comes to the number of minorities in their ranks.Supreme Court Likely to Leave Accounting Oversight Board as Is
The U.S. Supreme Court appeared inclined to leave well enough alone Monday and not tinker with the structure of an accounting oversight board created by the Sarbanes-Oxley Act of 2002. Congress created the Public Accounting Oversight Board in the aftermath of the Enron and WorldCom accounting scandals, giving the board broad and independent power to regulate accounting firms, which had been self-regulated before. The suit challenges the board's constitutionality as too insulated from presidential power.Increasing Competition in China Causes Friction for Law Firms
In China the rules state that U.S. firms can't practice Chinese law nor can the Chinese lawyers who work for them. Since the influential Shanghai Lawyers Association denounced what it said were Western firms' widespread violations of those rules, leaders of foreign and domestic firms have been abuzz over the possibility of a government crackdown. The use of Chinese lawyers as "legal consultants" isn't the only cause of friction between foreign and Chinese firms.Conflict Looms Over Executive Privilege
Democrats have long believed that the DOJ's plan to fire U.S. Attorneys began in the White House, and last week they proved willing to take the investigation to its doorstep by subpoenaing former Bush aides. White House counsel Fred Fielding hasn't budged from his first response to congressional inquiries in March: no transcripts and no public testimony. But many observers say the subpoenas are likely to force the White House to find a middle ground, even if it takes a protracted legal fight to get there.Directors' Concern Increases Over Executive Pay
It seems the reformers are not finished with the corporate boardroom. This time the issue is executive compensation, propelled to the front lines by the scandal over former New York Stock Exchange Chairman Richard Grasso's $188 million compensation package. The Grasso pay flap is the latest in a series of events causing corporate directors to wonder if they too could be blamed for how they go about paying company executives.Vermont Torts to Govern Suit Against IBM
A Westchester County, N.Y., judge has ruled that a teenager with birth defects can sue IBM in New York under the laws of Vermont, where the young woman's father worked in an IBM factory and allegedly contaminated his pregnant wife with chemicals. The ruling establishes tort rights for Vermont plaintiffs among those suing IBM in New York over chemicals at its plants in East Fishkill, N.Y., and Burlington, Vt.Trending Stories
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