Settlements
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Health Care / Medicine, Privacy
9 HIPAA Settlements So Far This Year
In the world of health IT, there have already been a plethora of HIPAA settlements. -
Copyright, Intellectual Property, Music
Supersonic Settlements
Even when legal defenses exist, sometimes a client should accept the validity of the other side’s position. - Sponsored
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Biglaw, Bonuses, Money
Philly Firm Settles Suit By Former Associate Claiming He Was Bilked Of Bonus Money
The suit would have offered an interesting inside look at one firm's billing and bonus practices.
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Morning Docket
Morning Docket: 04.21.17
* “I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the President of the United States from what appears to be clearly his statutory and Constitutional power.” AG Jeff Sessions seems to have forgotten that Hawaii is actually a state and that when he was still a senator, he voted for the judge who ruled against Trump’s travel ban. Oopsie! [CNN]
* 21st Century Fox, the parent company to Fox News, will wind up paying out more than $85 million as a result of the network’s sexual harassment scandal. The sick thing about this is that the vast majority of the money will be paid to accused harassers Roger Ailes and Bill O’Reilly as part of their multimillion-dollar exit packages. [New York Times]
* Good news, everyone! Although it might have seemed like it, the Trump administration isn’t planning to ignore white-collar crime at this time. “Our aim is to motivate companies and individuals voluntarily to comply with the law,” says Trevor McFadden, a deputy assistant attorney general at the Justice Department. That’ll work well. [Reuters]
* A Republican lawmaker wants to rename the Consumer Protection Financial Bureau to the “Consumer Law Enforcement Agency.” Along with the name change, a leadership change is being recommended. Rep. Jeb Hensarlin of Texas has proposed that the agency remain with a single-director structure, but that the president be able to say two of his most favorite words at any time, at will: “You’re fired!” [National Law Journal]
* “The people of Alabama who cherish the rule of law are not going to miss the Ayatollah of Alabama.” Alabama Supreme Court Chief Justice Roy Moore’s suspension has been upheld by the state’s Court of the Judiciary. As a result, Moore will remain under suspension without pay for the rest of his term, effectively ending his career on the bench as he will be unable to run for reelection again due to his age. [ABA Journal]
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Sexual Harassment
Free Market Does What The Court System Could Not: Hurt Bill O'Reilly
This is the PR debacle that pulled the advertiser's dollars. -
Morning Docket
Morning Docket: 03.31.17
* General Michael Flynn, the former national security adviser to President Trump, has offered to testify before Congress on the campaign’s alleged Russian connections in exchange for immunity from prosecution. Remember back in September when Flynn said on Meet the Press that “when you are given immunity that means you’ve probably committed a crime”? This is absolutely wild. [Wall Street Journal; NBC News]
* The chairman of Bethune-Cookman’s criminal justice department defends the HBCU’s affiliation with Arizona Summit Law, even though it’s on probation, saying that because $12.5 million in scholarship money is at stake, “it would be irresponsible not to provide this opportunity as an option for B-CU students to obtain a legal education without incurring excessive student loan debt in the process.” [DealBook / New York Times]
* It looks like President Trump is planning to sign off on a repeal of Obama-era internet privacy rules that were promulgated by the FCC in October. As noted by Senator Chuck Schumer, this is “[t]errible for American [people], great for big [business].” Next on the agenda seems to be the decimation of net neutrality, so you might want to prepare yourselves to pay more for an internet connection that’s quicker than a snail. [Reuters]
* More than half of the 6,000 former students of Trump University have submitted claims to be part of its $25 million fraud class-action settlement. They’ll recoup 80 cents for every dollar they spent on President Trump’s real estate seminars. Judge Gonzalo Curiel, who Trump once accused of being biased due to his “Mexican heritage,” will likely approve the settlement over the objections of two former students. [Big Law Business]
* Guess which law school created a class based on Baltimore crime drama “The Wire”? It’s U. Pitt., which has a three-credit course called “Crime, Law and Society in ‘The Wire.'” This seems like it’s one of those “Law and [Insert Noun Here]” classes, where 3Ls are hoping to get another A to add to their GPAs before they graduate. This would’ve been more relevant if a Maryland law school had offered the class. [Huffington Post]
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Deaths, Justice, Kids
IKEA Reaches Settlement In Parental Nightmare Case
IKEA -- purveyors of Scandinavian conformity -- announced a major settlement in a products liability case. -
In-House Counsel, Litigators
5 Ways Reporting Differs At Law Firms And Corporations
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Banking Law, Department of Justice
Deutsche Bank Might Only Have To Pay The DOJ 5.4 Billion Dollars
This is cause for celebration. -
In-House Counsel
On Drafting Settlement Memos
What folks need to know when they give settlement authority, according to in-house columnist Mark Herrmann. -
Non-Sequiturs
Non-Sequiturs: 08.16.16
* Former NYPD police office Peter Liang didn’t have to serve jail time over the killing of Akai Gurley, but he (and the city of New York) will have to pay to settle the civil lawsuit. [Huffington Post]
* The Supreme Court does no favors for victims of police brutality. [Slate]
* How will Jones Day rebrand itself if (when?) its client, Donald Trump, fails? [Law and More]
* Republican lawmakers are pushing for a perjury case to be brought against Hillary Clinton. [Law Newz]
* Donald Trump unveiled a new immigration plan, but not everyone thinks it passes the legality bar. [Salon]
* Wherein Kelly Ayotte tries to delicately dance around the issue of endorsing Donald Trump while still being a good Republican soldier. [Lawyers, Guns and Money]
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Morning Docket
Morning Docket: 08.09.16
* Did Chief Justice Roy Moore of the Alabama Supreme Court commit judicial misconduct when he instructed probate judges that the state’s same-sex marriage ban was still in effect despite the Supreme Court’s decision in Obergefell? The state’s Court of the Judiciary has set a date for a trial-like proceeding on the ethics charges Moore faces for late September. [ABC News]
* If you want to go to law school and you’ve got your heart set on a particular institution, it may be in your best financial interests to apply early decision. A few law schools are now offering significant scholarship opportunities to early applicants — in some cases, full tuition scholarships are being handed out. [Law Admissions Lowdown / U.S. News]
* “Even innocent clients may not benefit from the fraud of their attorney.” Chevron Corp. has prevailed in a long-running environmental law case set in an Ecuadorian rainforest. Lawyers for the oil and gas company convinced the Second Circuit that an $8.65 billion judgment was obtained through attorney Steven Donziger’s bribery and fraud. [Reuters]
* The family of slain Florida State law professor Dan Markel has accepted a $40,000 settlement from the Consolidated Dispatch Agency in connection with a wrongful death case. Due to an “error by dispatchers,” it took approximately 19 minutes for ambulances to arrive at Markel’s home as he lay dying after being shot. [Tallahassee Democrat]
* This is why indebted law students can’t have nice things: while the American Bar Association may have changed its tune when it comes to law students earning pay for credit-bearing externships, it will allow law schools to be the ultimate arbiters on whether academic credit will still be offered for these job placements. [Law.com]
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Biglaw, In-House Counsel, Litigators
9 Fundamentals For A New In-House Litigator (Or, Outside Litigators’ Blind Spots)
What does a litigator need to know when she moves from a law firm to an in-house position? -
Non-Sequiturs
Non-Sequiturs: 05.23.16
* The arresting officer in the Freddie Gray case was found not guilty on all charges. [Baltimore CBS]
* An oldie but a goodie: a lawsuit filed against “Satan and his staff” for ruining a man’s life. Unfortunately, there isn’t much a court can do without proper jurisdiction. [Boing Boing]
* Matt Bruenig may still think lawyers get paid too much, but that didn’t stop him from opening up a GoFundMe campaign after being fired from Demos Think Tank over some rude tweets. [Lawyers, Guns and Money]
* How small is too small? An analysis of the trivial doctrine under New York law. [Cityland]
* A lawyer has already been hired to file an objection to the proposed settlement in the O’Connor v. Uber case. [Law and More]
* Has University of Iowa College of Law’s enrollment finally stabilized after a sharp decline? [Tax Prof Blog]
* A whistleblower lawsuit alleges dirty tactics in the deal to move the Rams from St. Louis to Los Angeles. [Courthouse News]
* Second Amendment fanatic vs. gun control advocate. [Funny or Die]
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Non-Sequiturs
Non-Sequiturs: 04.27.16
* Amal Clooney lays the smackdown on Donald Trump, all without even uttering his name. Classy. [Vanity Fair]
* If you’re convicted of a felony in connection with the murder of your mother, then you should probably expect to lose your law license. [Law Profession Blog]
* Yes, Ted Cruz is making a fool of himself, running a Sisyphean race for president. But does that mean the founding fathers were right about that natural born citizen crap? (If someone born in Canada to an American mother is even what they meant by the phrase.) [Lawyers, Guns and Money]
* BYU’s Title IX problem: Are they making sexual assault more likely by linking honor code investigations to reports of rape? [Slate]
* Hooah! Army Captain Kristen Griest, one of the first women to earn a Rangers tab, will be transferring branches, becoming the first female infantry officer. Combat arms branches were recently opened to women for the first time, and Captain Griest’s move is part of the Army’s effort to integrate those branches. [Army Times]
* Encounter with Ted Bundy! A victim of the notorious serial killer recalls the experience. [Huffington Post]
* Should a settlement deal with a federal agency include a clause to prevent people from speaking negatively about the agency to Congress and the press? [Volokh Conspiracy]
* The robots are coming for our jobs, but maybe, if we are lucky, some of us can survive. [Speechwriter Ghostwriter]
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Non-Sequiturs
Non-Sequiturs: 04.11.16
* TRUCE! In the wake of his settlement with Paul Cassell, Alan Dershowitz looks to make peace with David Boies after a vicious fight. [Big Law Business]
* Speaking of making peace, Chris Christie has made a deal with New Jersey Democrats to end a six-year stalemate over the state Supreme Court. He is nominating Bridget Kelly’s old lawyer, Walter Timpone. [New Jersey.com]
* More analysis of bar exam results: see what happened in Oklahoma, Oregon, Washington, Tennessee, and Kentucky. [Bar Exam Stats]
* Is it ethically acceptable — and does it work — to shame prosecutors for wrongful convictions? [Georgetown Journal of Legal Ethics via Slate]
* Yes, that’s billions with a B: Goldman Sachs to pay $5 billion in settlements over charges it contributed to the 2008 financial crisis. [Gawker]
* Kevin Abikoff, partner at Hughes Hubbard & Reed, cleared Unaoil in an anti-corruption report, and is now facing questions about that representation. [Huffington Post]
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Morning Docket
Morning Docket: 02.12.16
* Riding high after his victory in New Hampshire, Donald Trump settled his $500 million lawsuit against Univision for the network dropping his beauty pageants. Ay dios mio, this must be some sort of a
YUGEGRANDE ploy to win the Hispanic vote. [USA Today]* Dickstein Shapiro lawyers must be feeling pretty good about themselves right now. Their mass lateral move to Blank Rome isn’t a merger, it’s an “asset acquisition.” You see that? You’re all “assets”! Remember that next time a partner makes you cry. [Big Law Business / Bloomberg]
* The ABA is considering toughening bar passage requirements for law school accreditation. Under the plan, schools would have to prove that 75 percent of graduates who took an exam within two years of graduation passed. Good luck! [ABA Journal]
* Uh-oh! Are partners at large law firms getting screwed? Biglaw firms are asking for bigger capital contributions (30-35 percent of earnings on average), and holding on to that money for longer periods of time when those partners leave. [Am Law Daily]
* Minnesota Law has been hit pretty hard by the law school crisis, with losses expected to hit $16.1 million by 2018. When the school’s soon-to-be ex-Dean first started in 2008, “everything was good,” but now, it’s a huge sh*tshow. [Twin Cities Pioneer Press]
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Morning Docket
Morning Docket: 02.10.16
* Uh-oh! Martin Shkreli may have gotten more than he bargained for when he bought the one and only copy of the Wu-Tang Clan’s “Once Upon a Time in Shaolin.” An artist whose work appears on the album’s packaging has filed a copyright infringement suit against the smug pharma bro. [WSJ Law Blog]
* A Texas ADA was arrested this weekend for DWI after crashing into a parked car. According to police, it appeared as if she was trying to leave the scene. She’s been a prosecutor for almost a year, and hasn’t been put on a leave of absence for her alleged transgressions (yet). [FOX 7 Austin]
* “I don’t understand why donors should not donate money to the Law School because some moron, some racist decided to put black tape on some portraits.” Some alumni (not this guy) are uncertain if they’ll continue to donate to Harvard Law. [Harvard Crimson]
* President Obama has proposed a cybersecurity plan that’ll cost $19+ billion. Americans will learn how to better secure their accounts to prevent illegal hacks. That’s a lot of cash to teach people not to use “123456” as their password. [Big Law Business / Bloomberg]
* Have your birthday cake and eat it too, because the terms of Warner Music Group’s “Happy Birthday to You” settlement have been disclosed, and up to $14 million is up for grabs for those who’ve had to pay licensing fees to use it. [L.A. Now / Los Angeles Times]
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Morning Docket
Morning Docket: 01.26.16
* Martin Shkreli’s hearing before the House Committee on Oversight and Government Reform has been rescheduled due to this weekend’s blizzard. This will give the reviled pharma bro even more time to brush up on constitutional law. [CBS News]
* Uh-oh! Thanks to some “cash flow issues” — like partners not being paid on time — King & Wood Mallesons is currently in the process of raising capital and will be conducting a review of its overall financial structure. [Big Law Business / Bloomberg]
* Cert denied! The justices of the Supreme Court may have bought these lawyers’ arguments and struck down a crucial part of the Voting Rights Act in the Shelby County case, but they’re certainly not buying their request for $2 million in legal fees. [Reuters]
* A hate crime without a resolution? Police are closing their investigation into the defacement of black professors’ portraits at Harvard Law without having found a perp. Maybe they decided to take Elie Mystal’s advice not to feed the trolls. [Boston.com]
* Florida State settled a lawsuit filed by Erica Kinsman, a former student who claimed Jameis Winston raped her, for $900K, but the school claims $700K of that amount will go to her legal team. Her lawyers, however, would politely beg to differ. [USA Today]