A.G. Sues Banks Over Their Use of MERS Electronic 'End-Around'

In his latest broadside against the banking industry, New York Attorney General Eric Schneiderman is alleging that the nation's largest banks use the Mortgage Electronic Registration System to evade public filings, shortchange localities of $2 billion in fees and compromise homeowners' interests. A complaint filed on Friday describes MERS, a Virginia-based digital mortgage tracking service, as "a shell company" established as a stealth mortgagee for banks, particularly JPMorgan Chase, Bank of America and Wells Fargo.

Weathering the Storm

A rising tide may lift all boats, but not all law firms rose with the swells in 2011's choppy waters. A few California-centric firms saw large gains in revenues or profits in 2011, while at the other end, firms like Orrick and Pillsbury spent the year mostly treading water.

Tracing the Effects of Oil and Gas Industry Political Donations

As millions of dollars flow from corporations and individuals into presidential campaigns, money also continues to influence members of Congress. In a recent two-year time frame, contributions to current House members from individuals and PACs connected to the oil and gas industry totaled nearly $12 million.

Herbert Smith Confirms Merger Discussions with Freehills

U.K. firm Herbert Smith has confirmed that it is in merger talks with Australian firm Freehills. A tie-up between the two firms would create an international giant with nearly 2,000 lawyers and give Freehills an opening into Asian markets.

Legal Sector Added 1,000 Jobs in January

The legal sector kicked off 2012 on an upbeat note by adding 1,000 jobs in January, according to the preliminary employment report released Friday by the U.S. Bureau of Labor Statistics. The gains mark a near-complete reversal from December 2011, when legal employers cut 1,100 positions.

DLA Piper's Browning Marean on E-Discovery Proportionality

Browning Marean, senior counsel at DLA Piper, speaks to LTN magazine's editor-in-chief, Monica Bay, about the challenges of fashioning responses to discovery requests that are appropriate -- and proportional -- to a case.

Judge John Facciola on E-Discovery Training at a Crossroads

D.C. District Judge John Facciola speaks with LTN magazine's editor-in-chief, Monica Bay, about how e-discovery training is at a crossroads, constrained by limited financial resources at the governmental level. He proposes several solutions to address these challenges, particularly when individuals are unable to meet face to face.

Litigator of the Year Winner - David Boies

The Boies, Schiller & Flexner founder explains how he prepared for the key cross-examinations in the Proposition 8 case.

Intel's Jerone English on Leveling the EDD Playing Field

Jerone English, director of e-discovery for Intel, speaks to LTN magazine's editor-in-chief, Monica Bay, about how rank-and-file lawyers can get up to speed on the latest electronic data discovery policies and procedures.

O'Melveny Beats Back Sucessor Liability Claim Against BofA in Countrywide MBS Suit

In the face of the most comprehensive effort yet to keep Bank of America on the hook for alleged fraud in a Countrywide mortgage-backed securities case, a California federal district court judge has rejected Allstate's successor liability claim against BofA.

Attorney Sanctions Upheld in 9/11 Conspiracy Case

Sanctions against two attorneys who insist that former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld caused the Sept. 11, 2001, terror attacks have been upheld by a unanimous 2nd Circuit panel that refused to disqualify itself from the case.

The Am Law 100, the Early Numbers: Bryan Cave Comes Into Latest Tie-Up with Revenue on the Rise

Bryan Cave is coming into its latest big merger from a position of strength. The firm, which absorbed Holme Roberts & Owen on Jan. 1, saw steady growth across financial categories last year and nearly achieved a double-digit bump in profits per equity partner for a second straight year, according to The American Lawyer.

The Am Law 100, the Early Numbers: Weil's Profits Jump 8 Percent

Weil, Gotshal & Manges is on the rebound. After seeing revenues and profits slip in 2010, the firm enjoyed moderate growth in 2011, with all financial metrics ahead of where they were in 2009. Litigation stemming from fallout over the financial crisis remained a strong spot.

Was Penn State's GC Counsel for University Officials?

In-house lawyers understand that they're hired to represent the entity that issues their paychecks, not the executives and staff. But as evidenced by the testimony of two Penn State University officials, a company's lawyers and constituents can understand the relationship differently.

FINRA and Schwab Lock Horns Over Arbitration Agreements with Brokerage Customers

In the wake of a complaint by the Financial Industry Regulatory Authority, Charles Schwab has lawyered up and gone to court to seek an unprecedented declaratory judgment, asking a federal district court to block the agency's action and to rule that its class-action waiver agreements are enforceable.

CNN Doesn't Get Far in Fight Against Closed Captioning

In a hearing Thursday, a federal magistrate judge seemed to agree with disability advocates that forcing CNN to provide closed captioning on its Internet videos doesn't violate the First Amendment, since closed captioning doesn't require the news organization to summarize, distill or change its content.

Ninth Circuit Rejects Fair Housing Act Discrimination Claims Against Roommates.com

Roommates.com has scored a big victory with a 9th Circuit ruling that it can collect personal information from users and match potential roommates according to traits like gender and sexual preference. The panel held that roommate selection is covered by a constitutional right to association.

State Justices Overturn Another Death Sentence

For the fourth time in a little more than two months, the California Supreme Court has overturned a death sentence. Because the jury couldn't reach a verdict on a second special circumstances charge of torture, the high court said it was forced to reverse the sentence.

Cain sued over book cover photo

An ad agency is suing former presidential candidate Herman Cain and the publisher of his biography, claiming that its copyright of the book's cover photo has been infringed. The agency seeks an injunction to halt sales of the book, and is asking a Georgia federal court to impound all copies for destruction.

Defense wins $1.1M in suit over contract

A breach of contract battle between copier products companies that began three years ago with a Chinese conglomerate suing a family-owned Atlanta company for more than $4 million has concluded with the defendant winning $1.1 million for counterclaims.

Feb 06, 2012 12:00AM

Pak Chief Justice takes suo moto notice of Domki family killing

Pakistan Supreme Court Chief Justice Iftikhar Muhammad Chaudhry has taken suo moto notice of the target killing of Balochistan lawmaker Bakhtiar Domki's wife and daughter.

Feb 05, 2012 11:40PM

Simon Cowell wants Cheryl Cole back as he revamps 'X Factor'

Simon Cowell, who had axed Cheryl Cole as a judge from US 'The X Factor' merely days after the show started, is reportedly swooping for her as he brings his brutal revamp to the British show.

Feb 05, 2012 11:40PM

Joey Barton tweets he's 'willing to go to jail' over John Terry racism case

Joey Barton, who is being investigated by the Attorney General over tweets about the John Terry racism case, boldly said that he will "gladly go to jail for a month" to defend free speech.

Feb 05, 2012 06:10PM

L.A. Reid signs up for 'The X Factor'

L.A. Reid has reportedly signed up to be a judge on the second series of the American version of "The X Factor".

Feb 05, 2012 10:40AM

Judge bans autistic woman from having sex

An autistic woman was banned from having sexual intercourse on the ground that she lacks the mental capacity to consent to the act, the Daily Mail reported.

Feb 05, 2012 08:20AM

Stalkers may soon have tough time in Britain

The British government may soon formulate a law laying down "substantial" jail terms for stalkers.

Feb 05, 2012 03:00AM

Appeal to suspend Pak SC contempt charges against Gilani to be filed soon

An intra-court appeal requesting Pakistan's Supreme Court to suspend its decision of framing contempt charges against Prime Minister Yousuf Raza Gilani is expected to be filed in a couple of days.

Feb 05, 2012 02:00AM

Cheryl Cole's performance on 'The Voice' 'may infuriate Simon Cowell'

Cheryl Cole, who was axed as a judge from 'The X Factor' by Simon Cowell, is all set to perform on the bitter rival talent show 'The Voice'.

Feb 04, 2012 11:20PM

Joey Barton could become first tweeter accused of contempt

Joey Barton, who is being investigated by the Attorney General about the John Terry racism case, could be accused of contempt over his tweets against the Chelsea skipper.

Feb 05, 2012 10:22PM

U.K. Supreme Court to take up tweeting

LONDON - The halls of Britain's Supreme Court are becoming a bit more high-tech, as the highest court in the land joins Twitter. The Supreme Court is ...

Feb 05, 2012 09:32PM

When will judges wake up

The alleged shooter of Police Officer Kevin Brennan and his history of criminal behavior.***"‘God Was Kind’" (Editorial, Feb. 2) in the case of Police Officer Kevin ...

Feb 05, 2012 07:41PM

Judge allows `Sister Wives' suit to proceed

A federal judge has ruled there's sufficient evidence to allow a polygamous family made famous by a reality TV show to pursue a lawsuit challenging the constitutionality of Utah's bigamy ...

Feb 05, 2012 07:13PM

Best websites to stream high quality free and legal music

As long as you have a fast (512kbps or more) home broadband connection or a stable 3G network, you can get free music on your PC, mobile phone or tablet in an instant. Several online music services ...

Feb 05, 2012 06:20PM

BA prepares to unveil slimmed down legal roster

The airline's existing roster of external law firms includes Addleshaw Goddard, Baker & McKenzie, Bristows, Linklaters, Slaughter and May, Taylor Wessing and Wragge & Co.While not all ...

Feb 05, 2012 06:20PM

LG sues former client over unpaid fees

Leshkasheli instructed LG in August 2009 in connection with a case being mooted by him, British Virgin Islands company Swinbrook Developments and Isle of Man-based Rosserline Consultants against ...

Feb 05, 2012 06:20PM

Field Fisher lays off two lawyers at end of consultation

Field Fisher Waterhouse (FFW) has made two London lawyers redundant in the firm's public and regulatory group following a consultation period. The firm said in November that it was in ...

Feb 05, 2012 05:15PM

Judges skeptical of Texas in redistricting case

Three federal judges weighing the legality of Texas' new political maps reacted with skepticism Tuesday when the state's lawyer suggested the intent of the redrawn boundaries was to ...

Feb 05, 2012 05:15PM

Irish bishop faces legal complaint for homily against secular pressure

An Irish bishop's homily that encouraged Catholics to trust in God despite "severe pressure" from society is now the subject of an investigation from the Irish national ...

Feb 05, 2012 02:39PM

Judge reserves decision in Lombard case

Justice Robert Dobson has reserved his decision after defence counsel for the directors of Lombard Finance & Investments concluded their summing up on Friday. In the High Court in Wellington, ...

Feb 05, 2012 12:53PM

Met police investigators at News Corp jeopardise press freedom, say lawyers

Police officers outside the News Corp offices in Wapping, east London. Experts claim the presence of 20 detectives at New Corp jeopardises press freedom. Photograph: Ian Nicholson/PA Wire/Press ...

Jaimie Cremeans on Dec 31, 1969 04:59PM

Federal judge allows challenge to Utah anti-polygamy law

[JURIST] A judge for the US District Court for the District of Utah [official website] ruled [opinion, PDF] Friday that the Browns, a publicly polygamist family living in Utah, have standing to bring a suit challenging Utah's anti-bigamy law against Utah County Attorney General Jeffrey Buhman. The court dismissed challenges brought against Utah Governor Gary Herbert and Utah Attorney General Mark Shurtleff for lack of standing, saying there was insufficient evidence that the state officials had any intention to prosecute the family under these laws. The challenges against Buhman were allowed to stand, however, because there was sufficient evidence that...

Jaimie Cremeans on Dec 31, 1969 04:59PM

US army drops charges in Afghan civilian death case

[JURIST] The US Army dropped all charges against Army Specialist Michael Wagnon Friday, ending the final case in a series of related charges against five army personnel accused of killing Afghan civilians. Wagnon had been facing a charge of murder for his alleged involvement in the killing of three Afghan civilians and was expected to go to trial in March. All four of the other soldiers charged in connection with the killings were either convicted or pleaded guilty. In a statement Friday, Army spokesperson Lt. Col. Gary Dangerfield did not go into detail [News Tribune report] about why the charges...

Matthew Pomy on Dec 31, 1969 04:59PM

Virginia lawmakers approve bill allowing adoption agencies to refuse placement

[JURIST] The Virginia House of Delegates [official website] on Friday voted 71-28 to approve a bill [text] that would allow adoption agencies to refuse to place a child if the agency, or anyone affiliated with it, disagrees with the proposed placement based on religious beliefs. Effectively, this bill would allow adoption agencies to refuse to adopt to same-sex couples. Governor Bob McDonnell [official profile] said he will sign the bill if it makes it to his desk. The bill provides, in relevant part:No private child-placing agency shall be required to consider or consent to any placement of a child for...

Matthew Pomy on Dec 31, 1969 04:59PM

France appeals court upholds Scientology fraud conviction

[JURIST] A French court of appeals on Thursday upheld the 2009 fraud conviction against the Church of Scientology [church website, JURIST news archive], fining the defendants a total of ?600,000. The decision upheld the original conviction of the Spiritual Association of the Church of Scientology (ASES) [church website, in French], an affiliated bookstore, and seven other members for fraud and illegal practice of pharmacy. The complaint was originally filed [JURIST report] by a woman who was recruited in 1998 and spent ?21,000 on the church and was then not allowed to leave or receive a reimbursement. The appeals court ordered...

Michael Haggerson on Dec 31, 1969 04:59PM

Pentagon official denies extension for 9/11 suspects

[JURIST] Bruce MacDonald, the senior Pentagon official overseeing war crimes tribunals at Guantanamo [JURIST backgrounder], on Friday denied a request to extend the filing deadline for pre-trial motions [JURIST report] for prisoners accused of planning the 9/11 attacks [JURIST backgrounder]. The prisoners' lawyers stated that they needed the extension because of delays in getting security clearance [AP report] and new restrictions on legal mail between the attorneys and their clients. The prisoners' arraignment is set to occur within months. In January, Chief Defense Counsel for Guantanamo war crimes tribunals, Colonel JP Colwell, ordered attorneys under his command not to comply...

Michael Haggerson on Dec 31, 1969 04:59PM

Federal government requests additional time for oral argument in health care reform case

[JURIST] The federal government on Friday requested additional time for oral argument [brief, PDF] before the US Supreme Court to argue that the minimum coverage provision of the Patient Protection and Affordable Care Act (PPACA) [HR 3590; JURIST backgrounder], which requires almost every US citizen to obtain health insurance by 2014 or face a tax penalty, is constitutional. The government requested an additional 30 minutes, which would bring the total time allotted for oral argument to six hours. The government is defending [JURIST report] the health care minimum coverage requirement by attempting to keep the focus of the argument on...

Jamie Davis on Dec 31, 1969 04:59PM

US Army refers intelligence analyst's Wikileaks case for court-martial

[JURIST] US Army [official website] commander Maj. Gen. Michael Linnington [official profile] referred Pfc. Bradley Manning [advocacy website; JURIST news archive] to a general court-marital Friday on all charges for allegedly releasing classified information to WikiLeaks [website; JURIST news archive]. The referral to a court-martial means Manning will now stand trial [AP report] on 22 counts brought against him for his alleged disclosure of over 700,000 confidential documents and videos to the Wikileaks website. It was the largest leak of classified information in US history. Manning's defense lawyers argue he should have never been sent to Iraq nor given access...

Jaimie Cremeans on Dec 31, 1969 04:59PM

EU asks Google to delay new privacy policy

[JURIST] The European Union's data protection authorities wrote a letter [text, PDF] to Google Thursday asking it to delay implementation of its new privacy policy, which is supposed to take effect March 1. The EU is concerned the privacy policy, which will combine various policies of more than 60 of its products into one, may be in violation of EU laws. Google released details of its new privacy policy [corporate website] last week, saying it will make it easier to share user information between different products, as well as enhancing search engine capabilities. Google also claims the policy will be...

Matthew Pomy on Dec 31, 1969 04:59PM

Lawyers for 9/11 suspects seeking further trial delay

[JURIST] Lawyers for two Guantanamo prisoners accused of planning the 9/11 attacks [JURIST backgrounders] asked the Pentagon Thursday to extend the filing deadline for pre-trial motions. There are currently two prisoners requesting extension, and they both cite the recent mail review controversy as to why they have been unable to meet the current deadline. Navy Cmdr. Walter Ruiz, the lawyer appointed to represent Mustafa Ahmad al-Hawsaw,i claims that the new restrictions on legal mail between attorneys and their clients prevented Ruiz from meeting the deadline. The attorneys for Ramzi Binalshibh andal-Hawsawi are both asking for extensions [Miami Herald report]. Binalshibh...

Jaimie Cremeans on Dec 31, 1969 04:59PM

Rwanda court charges genocide suspect

[JURIST] War crimes suspect Leon Mugesera was charged with genocide planning, incitement and distribution of arms Thursday in a Kigali court in Rwanda. He was deported from Canada to Rwanda [JURIST report] nine days ago, following a 16-year battle in the Canadian court system in which Mugesera attempted to stay in Canada. The Quebec Superior Court ruled last month [judgment, in French] that it did not have jurisdiction over the case. Mugesera is facing charges relating to a speech he made [BBC report] when he was a member of the ruling Hutu party in Rwanda in 1992. His speech, in...

Matthew Pomy on Dec 31, 1969 04:59PM

France court rules Google Maps practicing unfair competition

[JURIST] The French Commercial Tribunal [official website, in French] in Paris ruled Tuesday that Google Maps [corporate website] is anti-competitive because it is offered as a free service. The plaintiff, Bottin Cartographers [corporate website], alleged that Google provides its maps service for free, thereby undercutting competitors, in order to gain market control. The court ordered that Google must pay £415,000 to the plaintiff [Guardian report], as well as a ?15,000 fine, totaling about $680,000. This is the first conviction against Google's maps service. The attorney for Bottin Cartographers said the decision "recognized the unfair and abusive character of the methods...

Katherine Getty on Dec 31, 1969 04:59PM

Massachusetts court rules child custody laws apply to same-sex parents

[JURIST] The Massachusetts Appeals Court [official website] held Thursday that same-sex [JURIST news archive] couples who marry and have a baby via artificial insemination are bound by the same child custody laws [opinion] as heterosexual couples. The decision came after an appeal by Della Corte, who tried to have the parental rights of her ex-wife, Angelica Rameriez, revoked in divorce proceedings since she could never be a "husband," as defined by the Massachusetts law. The court found that even though Rameriez had no biological connection with the child and that the child was conceived before the marriage, she should still...

Katherine Getty on Dec 31, 1969 04:59PM

ICJ rules Germany immune from Nazi victim claims

[JURIST] The International Court of Justice (ICJ) [official website] on Friday ruled [judgment, PDF] that Germany has immunity from claims brought in foreign courts by victims of the Nazi regime. The Court found that a 2008 decision by Italy's Supreme Court [JURIST report] violated Germany's sovereign rights by allowing an Italian national to seek reparations in response to his deportation in 1944. Germany appealed this decision to the ICJ and oral arguments were heard [JURIST report] in September 2011. Germany argued that allowing the ruling to stand would violate state immunity and open the floodgates to new claims. The Italian...

Sung Un Kim on Dec 31, 1969 04:59PM

Ex-Khmer Rouge leader sentenced to life

[JURIST] The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Friday sentenced Kaing Guek Eav [Hague Justice profile; ECCC materials], also known as "Duch," to life imprisonment [press release] for crimes against humanity and violation of the 1949 Geneva Conventions [materials]. In a supermajority decision [summary, PDF], the Supreme Court Chamber overturned two decisions of the Trial Chamber. According to the Supreme Court Chamber, the July 2010 decision [JURIST report] imposing 35 years of imprisonment was made in error because it focused on the mitigating factors such as cooperation, regret and apology...

Sung Un Kim on Dec 31, 1969 04:59PM

HRW: Syria forces torturing children

[JURIST] Human Rights Watch (HRW) [advocacy website] said Friday that Syrian army and security officers have been engaged in the torture of children [press release]. The allegations stem from HRW's documentation of cases in which children were reportedly detained, tortured and shot in their homes. There are prior findings that the Syrian government has been involved in torturing and killing civilian protesters. HRW discovered that among those tortured protesters were children as young as 13. Interviews with juvenile victims and adult protesters who saw those children in detention centers confirmed HRW's findings. Children were reportedly arrested in schools, beaten and...

Jerry Votava on Dec 31, 1969 04:59PM

Virginia senate approves bill requiring ultrasound before abortion

[JURIST] The Virginia Senate [official website] approve a bill [text] on Wednesday that would require a woman seeking an abortion [JURIST news archive] to have an ultrasound before the procedure. The new requirements include the audio provision of fetal heartbeat and a determination of the gestational age of the fetus. Additionally, a written record must be created to indicate that the woman was offered the ultrasound and whether she choose to view it. That record, along with a copy of the ultrasound picture will be included in the woman's medical file. Some commentators have recently noted [JURIST op-ed] that similar...

Brandon Gatto on Dec 31, 1969 04:59PM

Ninth Circuit seals videos from California same-sex marriage trial

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Thursday ruled [opinion, PDF] that it will not release video recordings from Perry v. Schwarzenegger [opinion], California's 2010 trial which declared Proposition 8 [text, PDF; JURIST news archive], the state's same-sex marriage ban, to be unconstitutional. In reversing the opinion of the US District Court for the Northern District of California [official website], the circuit court concluded that recordings from the landmark case could not be released [AP report] without undermining the integrity of the judicial system. It found that Chief Judge Walker, the district judge at...

Rebecca DiLeonardo on Dec 31, 1969 04:59PM

Lebanon tribunal to try accused Hariri assassins in absentia

Four accused assassins of former Lebanese prime minister Rafik Hariri will be tried in absentia, a UN tribunal said Wednesday. The UN Special Tribunal for Lebanon (STL) said Wednesday that after considering the efforts taken by the prosecution and the authorities to apprehend the suspects, they would move forward with the trial. The four alleged Hezbollah members are accused of involvement in a February 2005 truck bomb that killed Hariri and 22 other people. The STL determined that the prosecution took "all reasonable steps" to apprehend and inform the accused, and that the proceedings were a "last resort":The Trial Chamber...

Jennie Ryan on Dec 31, 1969 04:59PM

Lawyer for Guantanamo detainee seeks to question Yemen president

Lawyers for a suspect in the USS Cole bombing being held at Guantanamo Bay filed a motion Tuesday with the military commission overseeing detainee cases seeking to subpoena the president of Yemen for questioning. Lawyers for alleged al Qaeda senior leader Abd al-Rahim al-Nashiri filed the motions seeking to question Yemeni President Ali Abdullah Saleh while he is in the US receiving medical treatment. They argue that because Saleh will be in the jurisdiction of the US he can lawfully be subpoenaed. Nashiri's lawyers argue that Saleh, who was president of Yemen when the USS Cole attack occurred, may have...

Jamie Reese on Dec 31, 1969 04:59PM

UN rights chief expresses concern over Senegal protests

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] expressed concern [press release] Thursday about excessive force used by Senegalese authorities in response to protests that ensued after the announcement of presidential candidates. Reports of shooting at protestors have caused the death of at least one police officer and four other people this week. The reports were "disturbing" to Pillay given Senegal's tradition of respect for freedom of association, assembly and expression. She said, "[w]ith the presidential campaign beginning this weekend, I cannot stress enough the importance of full respect for the fundamental human rights. These rights are...