Archive for February, 2012

Judge Rejects Attempt to Dismiss Charges in Priest Sex-Abuse Case

As the second week of jury selection continues in the Catholic Archdiocese of Philadelphia sex-abuse case, the presiding judge has denied the latest defense motion to dismiss charges of endangering the welfare of children and conspiracy against the archdiocese’s former secretary of clergy.

Elections: In AG Race, Kane Has the Cash, but Murphy Has More Contributors

Although former Lackawanna County prosecutor Kathleen Kane had raised the most money out of those vying for Pennsylvania attorney general, the three candidates’ most recent campaign financial filings did little to settle who is out in front.

Growth in a No-Growth Market: Midsized Firms Mining Existing Client Base for Revenue Growth

While large firms, faced with an economic climate in which clients are increasingly tightening the reins on their legal spending, are looking to lateral hiring as their primary revenue driver, midsized firms appear to be more focused on gaining additional work from existing clients and trying to attract new clients by promising quality work at a more flexible and often lower cost than the big shops.

Towery v. Brewer

12-15381

Moormann v. Schriro

08-99035

House Vote: On Motion to Suspend the Rules and Concur in the Senate Amendment: H.R. 347 Federal Restricted Buildings and Grounds Improvement Act of 2011

Passed 388-3, 42 not voting (2/3 required). Bipartisan support.

Go to Bill Status
: H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011

Weigh In on POPVOX
: POPVOX is GovTrack’s new sister-site to let you weigh in on legislation.

[This event matched these trackers:

Congressional Votes

]

Stratfor E-Mails Contain Deal Details Involving Willkie and Jackson Walker

On Monday, when WikiLeaks made public more than 5 million Strategic Forecasting e-mails, one particular thread caught our eye showing work done for the Austin-based global intelligence company and think tank by lawyers from Willkie Farr & Gallagher, Jackson Walker, and a small Washington, D.C., firm in connection with an investment fund called StratCap.

Latham Advises Blackstone on $2 Billion Natural Gas Investment

The private equity firm will invest $2 billion in Cheniere Energy Partners to help finance a natural gas project in Louisiana. Latham and Andrews Kurth landed roles as counsel.

Report: Law Firms Finally Learning to "Like" Social Media

A new report from ALM Legal Intelligence finds that after years of showing only tepid interest in social media, the legal industry is beginning to recognize the significant-and multipronged-value that blogs and social networking sites can have.

San Francisco Exhibition Looks at Law and Art

Law and art regularly collide. There are intestacy and divorce battles over art collections. There are copyright infringement lawsuits against pop stars who base their music videos on famous photographs. There are models charged with public lewdness for posing nude…



Click through to continue reading this post at FindLaw.com…

Winston & Strawn Advises Motorola Solutions on Icahn Stock Repurchase

Having prevailed in his long-running battle to break up telecommunications giant Motorola, billionaire investor Carl Icahn has agreed to sell a large stake in successor Motorola Solutions back to the company for $1.17 billion.

Senate Vote: Confirmation of Margo Kitsy Brodie, of New York, to be U.S. District Judge for the Eastern District of New York

Nomination Confirmed 86-2, 12 not voting. Bipartisan support.

[This event matched these trackers:

Congressional Votes

]

The Careerist: When the Market Is Tough, the Tough Go to Harvard

Harvard Law still packs more punch than other law schools in the big-firm marketplace. But where's Yale?

In Silicon Valley, Revolving Lateral Door Keeps Spinning

Law firm partners may be more apt to switch firms within California's high-tech hub than anywhere else, according to sibling publication The Recorder. At the same time, the Recorder notes, separating those with business from those without is not always an easy task.

Groups of employees must act on behalf of a particular client to be protected by TUPE, tribunal rules

A group of employees working on behalf of a particular client must be organised principally to carry out that client’s requirements in order to be protected by TUPE, a tribunal has ruled.

Continental Breakfast: Linklaters Chief Loses One-Horse Race

Managing partner Simon Davies fails to win reelection–despite being the only candidate. More than 120 Links partners abstained from voting.

Equality: Law must be changed to cover those who believe

A cross-party group of Christian MPs has reported that the law must reasonably accommodate those with religious beliefs.

The group wants to see provision included in the Equality Act 2010 extended to cover religious groups in the same way as those with disabilities.

The group, called ‘Clearing the Ground’, have called for the change in the law which would then allow cases of discrimination to be viewed on a case-by-case basis.

The call has come at a time when they say that Christians and others with religious views in society feel heavily marginalised. They say that changes in the law have resulted in religious beliefs being demoted below the common rights which other citizens enjoy.

Critics of the group argue that protecting the rights of Christians and others in this way would allow private prejudice to have the support of national laws. They also argue that under current legislation, Christians and others with religious beliefs have no less legal protection than anyone else.

Cases of discrimination do crop up, and it is these which the group argue lend support to their claims.

Last week a 57-year-old Christian, Celestina Mba, lost a claim at an employment tribunal after she was refused permission by her employer, Merton Council, to take every Sunday off work for religious reasons.

Supporters of a change in the law point to cases such as this as an example of how living out a religious belief can lead to discrimination in modern society.

Muslim peer Baroness Warsi, the Conservative Party co-chairwoman, has recently spoken out in support of the rights of Christians in the UK and around Europe.

“[Religion] is being sidelined, marginalised and downgraded in the public sphere,” she said.

She went on to argue that Europe needed to become “more confident and more comfortable in its Christianity.”

Related links:

Read more on the story (BBC)

Overview of discrimination law (FindLaw)

Find solicitors throughout the UK (FindLaw)

Abortion: Health professionals mustn’t believe they know better than the law

The Daily Telegraph this morning reports on its lengthy investigation into private abortion clinics in the UK with a staunch warning for health professionals who it claims believe they are above the law.

The report claims that in some cases health professionals have flouted the law by offering abortion on the basis of gender, which is illegal.

The law on abortion is contained in the Abortion Act 1967. This permits a lawful termination of pregnancy within one of a handful of highly specific circumstances.

These include when the physical or mental health of the mother are at risk, that there is a risk to any existing children in the family, or that there is a risk that the unborn child may suffer from a serious handicap.

The grounds for an abortion must then be independently approved by two doctors in good faith.

The undercover investigation into abortion clinics reported last week. In the storm that has ensued, the head of the Care Quality Commission, the body which oversees clinical practice in the UK, has resigned.

Although this was largely on account of scandals in other parts of healthcare there can be no doubt that the pending storm in light of the Telegraph investigation was an influence on the timing of the announcement.

The Telegraph investigation found that NHS doctors working in an upmarket private abortion clinic in Manchester were offering abortions to women purely on the basis of the gender of the child.

When asked if there would be a problem with this, the doctor, Prabha Sivaraman replied: “Oh no… I don’t ask questions, if you want a termination you want a termination.”

The doctor concerned then went on to authorise the abortion on the basis of ‘social reasons’.

The investigation has created concern because offering abortions for these reasons is illegal under UK law. There has been a suspicion for some time that gender-only abortions were available at private clinics in the UK, but this was unproven until last week.

It is thought that this is the reason why some NHS clinics have stopped offering prospective parents the chance to know the gender of their child. Baby girls are thought to be most at risk from this malpractice as parents seek to have a boy.

Related links:

Read more on the story (The Telegraph)

What is the law on abortion? (FindLaw)

Find solicitors throughout the UK (FindLaw)

Photographers must generally obtain consent before selling images featuring design items, French court rules

Photographers cannot commercially exploit photographs that feature designer items unless the items only appear incidentally within the image, a court in France has ruled. 

Towery v. Ryan

12-15071