Attorney accused of accepting kickbacks

May 15, 2012

Federal prosecutors allege that attorney Gary Edward Kovall told his client, an American Indian tribe in California, to set up a limited liability company and then advised it to hire his associate and recommended a general contractor. After receiving the jobs, both men paid kickbacks to Kovall through his wife, according to prosecutors.

The Global Lawyer: Will Canada be the Global Backstop for U.S. Courts?

May 15, 2012

After the U.S. courts stopped policing global securities fraud, Canada became a global class action haven. Now the U.S. courts seem on the verge of abandoning their global oversight of corporate human rights offenses. Will Canada again step into the breach?

Circuit Reverses Capital Conviction, Saying Homeless Woman’s ‘Crazy’ Testimony Deserved a Look

May 14, 2012

When Ralph Thomas was tried for murder 26 years ago, he had only one witness in his corner: Vivian Cercy, a homeless woman whose barely coherent testimony implicated another man. Now, the Ninth Circuit has concluded that the failure of Thomas' trial counsel to investigate her story required that Thomas be released from death row.

Volkswagen challenges fee award method in MDL settlement

May 14, 2012

An award of $30 million in attorney fees and nearly $1.2 million in costs to plaintiffs lawyers who worked on a multidistrict litigation against Volkswagen came under fire last week at the First Circuit. At issue was the method the lower court judge used in determining the award.

Congress Passes Bill to Extend Temporary Bankruptcy Judgeships

May 14, 2012

Congress sent a bill to the White House on Thursday that would extend 30 temporary federal bankruptcy judgeships for another five years, but Democrats fear that an amendment attached to the bill could make it tougher to extend the judgeships again.

‘Fowl Play’ in E-mails Between Maryland Governor and Perdue GC?

May 14, 2012

An environmental group has accused Maryland's governor and Perdue's GC of having a "cozy relationship," based on emails between the governor's office and the poultry company. The group's executive director says the emails "paint a portrait of a head of state who walks on eggshells around the chicken industry."

Court: Any Partnership Between Google and NSA Can Remain Secret

May 14, 2012

The D.C. Circuit has ruled that any communication between Google and the National Security Agency about cybersecurity and encryption can remain secret. The panel rejected the argument that any such partnership should be officially disclosed through a records request because the company and the agency's connection was revealed in news articles.

Eleventh Circuit Asked to Decide Definition of ‘Foreign Official’ Under FCPA

May 14, 2012

In briefs filed with the Eleventh Circuit in a Foreign Corrupt Practices Act case, two former executives of Terra Telecommunications have raised a crucial issue that remains unsettled and has never been heard on appeal: What constitutes a "foreign official" under the FCPA?

Harvard grad sues to revoke plagiarism finding

May 14, 2012

A 2009 Harvard Law School graduate has sued her alma mater, Harvard's president, the law school dean and two former classmates, claiming that false accusations of plagiarizing a law school article have cost her a promising legal career and upwards of $500,000 in earnings due to rescinded job offers.

Judicial restraint

May 14, 2012

Barack Obama stands to become the first president in decades to have more openings on the federal bench at the end of his first term than when he began. Democrats blame the situation on stalling by GOP senators, but some advocacy groups say Obama could have had more judges confirmed had he simply made more nominations.

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