Legal Research

Selections from National Law Journal Daily Headlines June 27, 2008

By David Badertscher, PLL

Source: NLJ.com, June 27, 2008.

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FROM THE UPCOMING ISSUE  |  Litigation disclosure rule faulted
"In-house corporate lawyers and corporate attorneys at firms are worried that a far-reaching accounting-standard proposal to expand companies' disclosure about lawsuits and other loss contingencies will threaten attorney-client privilege and expose sensitive litigation information to adversaries. The Financial Accounting Standards Board, which sets the standards for the U.S. accounting profession, released a draft proposal on June 5 that would significantly alter how companies disclose loss contingencies on financial statements, including litigation against the company."

FROM THE UPCOMING ISSUE  |  Virginia asks for lawyers' help in DNA quest
"The state of Virginia, undertaking the first statewide effort to examine old criminal case files for DNA evidence, may soon ask private attorneys and law firms to find and notify nearly 1,000 felons that biological material was found in their decades-old files. The hunt for biological evidence in the roughly 500,000 case files from 20 to 35 years ago was ordered in late 2005 after random-sample testing of evidence in 31 old files exonerated two convicted rapists who had already had served their prison sentences. Since then, the convictions of five men for rape have been set aside because of genetic samples meticulously kept in the files by the former state forensic serologist, now deceased."

WEB-ONLY  |  Nearly 30% of associates at major firms fear job loss
"Nearly 30% of associates at major law firms are afraid of losing their jobs, up from 10% six months ago, according to a recent survey released by Lateral Link, a legal placement firm. The survey also reported that 28% of the associates who responded said they would not make their billable hour requirements in the coming months."

WEB-ONLY  |  Mass. bar wants program allowing post-trial contact with civil jurors
"The Massachusetts Bar Association asked the state's Supreme Judicial Court to institute a two-year pilot program that allows post-trial contact between lawyers and jurors involved in civil cases. Under the proposed rule, lawyers could communicate with a juror or prospective juror after the jury is discharged unless a court order restricts such contact or the juror asks the lawyer not to make further contact."

WEB-ONLY  |  Local governments can't tax high-speed Internet service at telephone service tax rates
"Washington state's municipalities cannot tax Comcast Cable Inc.'s high-speed cable Internet service at expensive telephone service tax rates, the state's Supreme Court has ruled. The closely watched case in the cable and phone industry holds that cable Internet service is not the same as telephone service for taxing purpose."

WEB-ONLY  |  Fla. bar investigates N.Y. judge for alleged unregistered practice of law
"The Florida Bar is investigating whether newly appointed New York Court of Claims Judge O. Peter Sherwood ? the former New York solicitor general ? violated bar rules on the unlicensed practice of law by appearing in a Florida case without registering or paying the $250 filing fee required for out-of-state attorneys."

OPINION:

FCC RULES AND TOWN HALL PLANS  |  Equal time for the forums?
"The recently discussed plan by the McCain and Obama campaigns to stage televised town hall forums before either candidate is formally nominated may not comply with the Communications Act of 1934 and FCC decisions applying it. Under the 'equal time' rule, each 'legally qualified' candidate is entitled to precisely the same amount of air time as any other. The FCC deems debates to be 'on-the-spot coverage of a bona fide news event,' ? an exception to the rule; the FCC has not yet ruled on town hall forums."

Full post as published by New York Supreme Court Criminal Term Library on June 27, 2008 (boomark / email).