Civil Remedies | JD Supra Legal News, Updates, Analysis, & Information

Oops! The lawyer and the client both commit error in the case: now what?

by Alan Goldberg on 5/23/2012

Question: What happens if the attorney and the client are both culpable in errors in the case which cause a default or other adverse order? Answer: In this scenario, in California, the courts are split....more

Visiting NYC? Prepare to be Frisked

by Lawyers.com on 5/23/2012

If you’re planning to visit New York in the near future, be prepared to be patted down by a cop for no reason whatsoever. That’s the message being sent to the general public by the Bloomberg administration in the form of...more

Employment Law Commentary: Unpaid Internships: A Prevalent Practice Called into Question -- Volume 24, No. 5 May 2012

by Morrison & Foerster LLP on 5/23/2012

An unpaid internship for a college student has almost become a rite of passage. Many advocates, however, charge that unpaid internships are just a form of unpaid labor, regardless of the benefits enjoyed by students and...more

Debtor May Give Consent under TCPA for Collection Calls to Non-Debtor’s Cell Phone

by Ballard Spahr LLP on 5/23/2012

Autodialed or prerecorded collection calls to a non-debtor’s cellular telephone number did not violate the Telephone Consumer Protection Act (TCPA) because the calls were made with the consent of a debtor with “common...more

Three Point Shot - May 2012

by Proskauer Rose LLP on 5/23/2012

In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more

The Fatal Dangers of Medical Tourism

by Lawyers.com on 5/23/2012

The investigation was one James Goldberg never wanted to undertake. Six years ago, Goldberg’s son Joshua, then 23, was living in Thailand, studying to become a Buddhist monk. When Joshua mysteriously lost feeling in his...more

Attorney Fees Properly Awarded Where the Applicable Contract Authorizes An Award "In Any Dispute"

by Barger & Wolen on 5/23/2012

In Toro Enterprises Inc. v. Pavement Recycling Systems Inc., 2012 Cal. App. LEXIS 519 (Cal. App. 2d Dist. Apr. 9, 2012) the California Court of Appeal for the Second Appellate District reversed the trial court and granted...more

Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority

by McDermott Will & Emery on 5/23/2012

The main developments in antitrust are: 1. Merger Control (Art. 5-bis); From 1 January 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined...more

Supreme Court Addresses Circuit Split Over Cramdown Plans Precluding Credit Bidding

by Duane Morris LLP on 5/23/2012

In a docket crowded with blockbuster cases this term, the Supreme Court's decision concerning the circuit split over cramdown plans precluding credit bidding by secured lenders may not stoke as much passion or fury as the...more

Spring Cleaning: FTC Announces Settlement with Oreck Corporation Regarding Vacuum Cleaner and Air Purifier Claims

by Foley Hoag LLP - Trademark, Copyright &... on 5/23/2012

The Federal Trade Commission has been busy. On the heels of its $40 million settlement with Skechers, one of the largest of its kind, the Commission yesterday announced that it has settled with Oreck Corporation regarding...more

My Fellow Californians - Our Long National Nightmare is Over

by Sheppard Mullin Richter & Hampton LLP on 5/23/2012

In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...more

M&A and Private Equity Update

by Akerman Senterfitt on 5/23/2012

This year’s edition reflects relative consistency of national trends with the prior year. While aggregate transaction activity nationally in 2011 was only marginally higher than in 2010, we are pleased that our clients...more

Court Issues $35M Award Against Plan Fiduciaries for Excessive Fees

by Reed Smith on 5/23/2012

A recent decision, Tussey v. ABB, Inc., 2012 WL 1113291 (W.D. Mo. 3/31/2012), has drawn much attention in the retirement plan community. In Tussey, a U.S. District Court found that ABB, Inc., along with several of the...more

Beware of Debtors Bearing Gifts: Eleventh Circuit Upholds TOUSA Bankruptcy Decision

by Miller Canfield on 5/23/2012

Sleep better at night knowing that the loan you made to your borrower is supported by collateral from the borrower’s subsidiaries? You may want to keep one eye open. On May 15, 2012, the U.S. Court of Appeals for the Eleventh...more

Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope

by Ropes & Gray LLP on 5/23/2012

On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more

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Civil Remedies Updates – May 24, 2012