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There's no doubt that U.S. law firms are still making a big push into China. For example, Wilson Sonsini last week announced plans to open an office in Hong Kong, and Gibson Dunn earlier this month relocated a partner to open its Hong Kong office. But some major firms are trying a new approach: moving experienced partners back to Silicon Valley with a goal of strengthening ties between the firms' China practices and their U.S. clients.
Lawyers are famous for redundant writing and using long words where shorter words would suffice. So, how do you improve your legal writing? Consultant Elizabeth Lampert and attorney John di Bene look at some key elements to keep in mind while writing that next brief, memo or e-mail.
In a novel approach to judicial estoppel, a federal judge has ruled that a plaintiff in a pregnancy discrimination suit who failed to inform the bankruptcy court of her pending discrimination claims must be barred from seeking any compensatory damages in that case, but should still be allowed to pursue declaratory and injunctive relief. The judge found that complete dismissal would be "a drastic remedy" because the evidence showed the plaintiff had a potentially valid discrimination claim that must be evaluated by a jury.
Trustees to a union's benefit funds have sued Pryor Cashman for failing to provide legal advice that would have prevented the funds' third-party administrator from embezzling $42 million. The trustees for the three funds filed the suit last week in Manhattan Supreme Court against the firm and partner Christopher J. Sues. The malpractice suit followed the December arrest of Melissa G. King, who was charged federally with misappropriating millions from the funds as the principal behind the administrator.
American International Group has finally closed the book on the turbulent Maurice "Hank" Greenberg era. On Thursday the embattled former chief executive officer and other defendants agreed to settle a derivative suit alleging that they fraudulently used various accounting tricks to mask problems at the company. Under the deal, AIG will receive $90 million. Greenberg and former AIG Chief Financial Officer Howard Smith will be reimbursed $60 million for their legal fees. Both sums will be paid by AIG's insurance carriers.
A judge's decision to impose a $6 million fine on a man convicted in the KPMG tax shelter case has been was vacated by the 2nd Circuit. The circuit said the fine levied against former investment consultant John Larson was $3 million more than the amount set by statute and could not have been imposed without a finding by a jury that Larson caused the requisite amount of pecuniary loss. The decision was the latest in a series by the circuit applying the U.S. Supreme Court's ruling in Apprendi v. New Jersey.
A federal administrative law judge said Monday that in the past four years, there have been more than 200 threats, including death threats, against ALJs and that there is not enough being done to ensure that judges who hear administrative cases are adequately protected. D. Randall Frye, president of the Association of Administrative Law Judges, said small hearing rooms, too few security guards, a lack of metal detectors and highly emotional cases make for a dangerous combination.
A lawsuit brought by Elderhostel Inc. against Zurich American Insurance Co. alleging breach of an insurance policy is an example of increasingly common coverage disputes between companies that wage pricey trademark battles and their insurance carriers. Elderhostel initially sued Zurich in Suffolk Superior Court in Massachusetts on May 6 over the insurance company's refusal to reimburse it for nearly $967,000 in legal fees and costs to fight a trademark case. Zurich removed the case to the U.S. District Court for the District of Massachusetts on Aug. 25.
The Pennsylvania Supreme Court has upheld the constitutionality of an act that allows for parents and guardians to have minors involuntarily committed for drug and alcohol treatment. Writing that prior case law established the presumption that parents act in the best interest of their children, the court, by way of a 6-1 majority, ruled that parents' rights to make decisions on the care of their children are "paramount" to the constitutional rights of their children.
The Obama Administration has until Sept. 23 to file its response to Arizona Gov. Jan Brewer's brief challenging the preliminary injunction that prevented key portions of the state's immigration law from taking effect. Brewer contends that the 9th District erred in finding that the U.S. was likely to prevail on the merits of its challenge to the law and that the injunction was in the public interest. It is reported that every state in has considered laws related to immigrants or immigration, with five states passing similar legislation to Arizona.
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