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Circuit Says Advisor's Knowlege Of Bayou Fund Fraud Not Proven
An advisor on investing in hedge funds cannot be sued for securities fraud for recommending a fund that later turned out to be a Ponzi scheme, the U.S. Court of Appeals for the Second Circuit has ruled. The circuit found that requirement of scienter was not met in the pleadings against an advisor who steered a client to Samuel Israel III and other founders of the Bayou funds group that later bilked investors out of more than $400 million. The case has been closely watched by legal observers who say it could influence the defense used by feeder funds that are sued for funneling their investors' money to Bernard L. Madoff.Citing Supreme Court Precedent, 11th Circuit Reverses Major Copyright Ruling
An 11th Circuit panel has reversed the circuit's 6-year-old opinion in a major copyright case, declaring the ruling's mandate on behalf of freelance photographers to be "moot." The ruling, called "curious" by an intellectual property expert, interpreted a landmark U.S. Supreme Court decision that expanded freelance writers' copyrights in a way that limited the copyright claims of freelance photographers. The panel sidestepped a precedent which binds it to the earlier circuit decision.2nd Circuit: Google Must Face Trademark Suit Over Keyword Ads
In a long-awaited opinion, the 2nd U.S. Circuit Court of Appeals ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads.Lawyer, Ex-Candidate on Hook for Legal Fees in Ballot Challenge
In a ballot challenge case that has gone up and down to the Pennsylvania Supreme Court several times since 2006, the court has affirmed without opinion a Commonwealth Court ruling that the Bonusgate scandal does not affect an order requiring the candidate and his attorney pay more than $80,000 in attorney fees and costs.Nonprofit ready to manage Gusman Center
A nonprofit group whose members will have to pay a total of $50,000 each to join is poised to take over management of Miami Olympia Theater at the Gusman Center for the Performing Arts.Economy Spurs Recent Law Graduates to Go Solo
When Evelyn Rojas decided to go to law school, she was under the impression that job offers would be falling like manna from heaven by the time she finished her second year. Not quite.Prosecutor Went Beyond Fair Comment, Panel Rules
A prosecutor "crossed the bounds of permissible rhetoric" by suggesting to jurors that the tattoos on a man charged with weapons possession reflected his violent criminal past, an appellate court ruled in reversing the defendant's conviction.Ex-Treasurer: Lay Worried About Enron Problems
Enron founder Kenneth Lay worried in 2001 that the company's mounting financial problems would jeopardize its credit rating and inquired about managing its accounting to avoid a downgrade, a former Enron treasurer testified Wednesday. Former Treasurer Ben Glisan Jr. also said that Lay and ex-CEO Jeffrey Skilling knew that Enron, then a reputed powerhouse, was actually weak and faced multibillion-dollar losses and writedowns on poorly performing or overvalued assets.Dechert Associate Takes His Case to U.S. Supreme Court
Most Big Law thirty-somethings are focused on making partner or, in this economy, keeping their jobs.Florida Senate stalls attempt at alimony reform
Divorce and family law attorney Christopher R. Bruce questions whether the alimony legislation that passed overwhelmingly in the House would have succeeded in the Senate if not for redistricting and budget issues that dominated most of Florida's 2012 legislative session.Trending Stories
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