Legal Research

Selections from National Law Journal Daily Headlines June 9, 2008

By David Badertscher, PLL

Source:NLJ.com June 9, 2008.

Subscription needed for online access:

http://www.law.com/jsp/nlj/subscribe.jsp

Challenges grow over sex offender laws
"The creation of complex sex offender registration systems and increasingly stringent limits on where offenders may live has spawned hundreds of legal challenges in state and federal courts throughout the nation. The actions range from how long electronic tracking devices must be worn to whether juvenile records must be part of public registrations. Challenges to the new laws ? often hastily passed in the wake of a brutal crime ? generally center on battles over who must comply, making retroactivity and prospective treatment crucial."

Finding privatization pays
"From the Pennsylvania Turnpike to Florida's Everglades Parkway, law firms are aiding a revolution in financing of U.S. infrastructure projects as they craft transactions that let local and state governments lease public assets to eager private investors. The United States began shifting the operation and maintenance of public facilities ? like airports, roads and ports ? to private entities five years ago and are expanding rapidly. The new multibillion-dollar market has created lucrative work for law firms in representing governments, bidders and lenders."

Small island places legal wager
"In a multibillion-dollar trade dispute with the United States over Internet gambling, the twin island nation of Antigua and Barbuda has defied the odds makers and pushed the envelope of international trade law. This ongoing trade dispute, waged under the auspices of the World Trade Organization, has had the flavor of a David versus Goliath encounter for the past five years, with David (Antigua) seemingly on the side of the angels."

IP LAW  |  Courts show confusion over uses of 'metatags'
"The use of a trademark in computer code words, called "metatags," by a competitor to boost its position in Internet searches infringes under the Lanham Trademark Act, according to the 11th U.S. Circuit Court of Appeals. But the decision, which conflicts with a 2d Circuit holding, has touched off criticism that the 11th Circuit panel and federal courts generally don't understand the uses of metatags, and that this has resulted in rulings that muddle infringement law."

WHISTLEBLOWER SUITS  |  A determined pharmacist scores ? again
"Walgreen Co., the nation's highest-grossing chain of pharmacies, agreed last week to pay $35 million to settle allegations that it defrauded Medicaid programs in 42 states, making the company the third major pharmacy to settle claims brought by one pharmacist under state and federal False Claims Acts. Each of the three cases centered on allegations brought by pharmacist Bernard Lisitza that the pharmacies routinely filled certain prescriptions with either a tablet or capsule version of the drug, depending upon which was less expensive, but billed Medicaid programs for the more expensive version."

CALIFORNIA  |  Misconduct Web posts debated
"The State Bar of California is considering a plan to post charges of misconduct against attorneys ? prior to an adjudication ? on its Web site in order to give the public easier access to the information. The information currently is available to the public, but "is very difficult to find," said Scott Drexel, California State Bar chief trial counsel. While the bar association asserts that it is simply making information already available to the public easier to obtain, opponents argue that posting misconduct charges before a court decision will have a prejudicial impact on attorneys."

SELECTED COLUMNS:

BUSINESS INFORMATION  |  RICO and Data Thieves
"The civil remedy in the Racketeer Influenced and Corrupt Organizations statute is not limited to the archetypal, intimidating mobster. There is no reason why RICO cannot apply to data thieves. RICO provides a significant remedial advantage over traditional remedies such as the federal Computer Fraud and Abuse Act, which directly outlaws the theft of data and, like RICO, provides for a civil remedy. The CFAA, however, is limited to compensatory damages, whereas RICO provides for treble damages and attorney fees."

FAMILY LAW  |  International Disputes
"With the growth in globalization, family law attorneys may find themselves increasingly involved in international disputes - especially with the rise of child custody disputes between parents who choose to live in more than one country and a new development in the international collection of child support."

Full post as published by New York Supreme Court Criminal Term Library on June 09, 2008 (boomark / email).