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K&L Gates adds two to NY intellectual property practice
Kirkpatrick & Lockhart Preston Gates Ellis has brought aboard Gary A. Walpert and Andrew L. Reibman as partners in its intellectual property practice in New York.Capital Sources: Some private equity funds risk overpaying in zeal to invest
Some private equity funds are competing harder to put money to work and may be overvaluing flawed companies in a slow economy.Coke Class Members Left in Dark on Payout Specifics
Six weeks from now, 2,000 present and former employees of Coca-Cola must decide whether they will participate in the company's settlement of a race discrimination suit. Employees can "opt out" without knowing how much Coke will pay them now and potentially may be stuck with worthless stock. The main complaint: The settlement is half the $159.3 million package Coke's former chairman secured last year.Sentencing Rules Found Not Retroactive to Initial Habeas Appeal
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'Crawford': Bright-Line Rule on Confrontation in Sex Assault Trials
Paul DerOhannesian II, a partner at DerOhannesian & DerOhannesian, writes that trial practitioners must beware of the pitfalls in objecting to hearsay statements. A general hearsay objection, an evidentiary objection, does not preserve for appellate review an objection based on the Confrontation Clause.Ruling Near on Securities Fraud Pleading Standards
Gregg L. Weiner, a partner at Fried, Frank, Harris, Shriver & Jacobson, writes that the Supreme Court has recently agreed to hear a securities fraud pleading case that will address the standard for measuring whether the facts alleged in the complaint are sufficient to create a "strong inference" that the defendant acted with fraudulent intent. It is difficult to predict how the Supreme Court will resolve the question, and what impact the Court's two new members will have.Court Sets Aside Settlement by WorldCom's Directors
The $54 million settlement between class action plaintiffs and 10 former WorldCom directors collapsed Wednesday. A federal judge's rejection of a key provision left plaintiffs with "no choice but to terminate the settlement" because they couldn't take the risk that a jury verdict might be reduced by an amount higher than the settling directors' ability to pay, said a plaintiffs' attorney. If the case goes to trial, it will be the largest securities class action to go before a jury.Court Allows Testifying Doctors to Rely on Third-Party Records
Jeffrey S. Siegel, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that in a recent decision that is an obvious boon to the New York no-fault insurer, the Appellate Term, Second Department, expressly allowed a peer review doctor to testify based upon review of medical records prepared by third-party providers that were not in evidence, despite the hearsay objections of the plaintiff's counsel.Trending Stories
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