TakingSilk: Legal News

What is Sizzurp, and Why is it Illegal?

Walking down the drink aisle of the supermarket can be a daunting experience as the number of options seem to increase every day. One drink you won't see on the shelf

Study Uncovers Least Safe Cities for Walking

With fall quickly approaching, taking a leisurely stroll to watch the changing colors and enjoy the weather is something many city dwellers look forward to. If you live in Detroit, Atlanta, or Los Angeles, you may want to re-think walking

Feds Sue Arizona Sheriff Joe Arpaio

The Department of Justice might say that Sheriff Joe Arpaio is about as easy to negotiate as an Arizona cactus. Discussions over evidence in an on-going civil rights probe of the sheriff's office have been prickly in the past, but

FDIC's New Power to Dissolve Companies Raises Concerns

The Federal Deposit Insurance Corp.'s new power to take over and liquidate nonbank companies whose failure would jeopardize the financial system is intended as a "third way" between bankruptcy and bailout. But the prospect of a new regime for dissolving megacompanies -- one with almost no judicial oversight and in which creditors' rights are few -- is sending shockwaves through the bankruptcy bar. The FDIC is tackling nearly 40 major rulemakings to flesh out the details of the law, and Wall Street is waitin

Legal Sector Gained 1,000 Jobs in August

The Bureau of Labor Statistics' monthly employment report for August was released Friday and the news was still a bit glum overall -- the U.S. economy lost a total of 54,000 jobs. But the news for lawyers and legal industry employees was a bit brighter. The legal sector handed out 1,000 jobs last month, marking the second straight month of improved numbers for the industry. The country's overall unemployment rate inched up, from 9.5 percent to 9.6 percent.

Hodgson Russ Partners Sued Over Fla. Office Closure

Claiming breach of contract and other charges, five former partners from the defunct Boca Raton, Fla., office of Hodgson Russ are suing top partners of the Buffalo, N.Y.-based law firm. The former Boca Raton partners insist they were blindsided by the firm's decision last year to close the office, which they claim violated their rights under the firm's partnership agreement. The shutdown came in the midst of mass layoffs at law firms nationally as the recession took its toll on client demand and legal fee c

Securities Arbitration / Litigation Lawyers

Menzer & Hill, P.A. represents investors in the recovery of losses at the result of brokerage firms' failure to supervise their financial advisors who engage in unsuitable investment recommendations, the excessive trading of investors' accounts, inappropriate allocation of portfolio assets, misrepresentations and/or material omissions of fact resulting in fraud, negligence, breach of fiduciary duties, selling away, failure to advise their clients of risk management strategies and excess

Mass. man accused of killing kin pleads not guilty

A Massachusetts man accused of killing his wife, two children and mother-in-law pleaded not guilty Thursday to four counts of first-degree murder as a prosecutor described how he left two copies of a letter confessing to the slayings.

Thomas Mortimer IV was arraigned in Woburn Superior Court on Thursday following his indictment last week. He had previously entered not guilty pleas in district court and has been held without bail since his arrest following the killings in June.

Mortimer frowne

"Quote stuffing" a focus in flash crash probe

U.S. regulators probing the May flash crash are focusing on a trading practice known as "quote stuffing", in which large numbers of rapid-fire orders to buy or sell stocks are placed and canceled almost immediately.

CFTC commissioner Scott O'Malia told Reuters on Thursday that the futures regulator was reviewing data from Nanex LLC, a trade database developer that issued a study suggesting that computer algorithms used quote stuffing to gain an edge during the May 6 crash.

The U.S. Securities

Denial of Post-Conviction Relief in Capital Case Vacated

In Sears v. Upton, No. 09-8854, a capital murder prosecution, the Court vacated the Georgia Supreme Court's affirmance of the denial of post-conviction relief, holding that the state post-conviction trial court failed to apply the correct prejudice inquiry the Court had

Fourteenth Amendment Incorporates Second Amendment Right to Bear Arms

McDonald v. City of Chicago, No. 08-1521, involved an action against the City of Chicago alleging that the City's handgun ban left plaintiffs vulnerable to criminals.  The Court reversed judgment for defendants, holding that the Fourteenth Amendment incorporates the Second

Limitations on Removal of Officials from Public Company Accounting Oversight Board Unconstitutional

Free Enterprise Fund v. Pub. Co. Acctg. Oversight Bd., No. 08-861, concerned an action against the Public Company Accounting Oversight Board and its members, seeking, inter alia, a declaratory judgment that the Board was unconstitutional and an injunction preventing the

Special Humanitarian Parole Program for Haitian Orphan
Fact Sheet

Final Opportunity to Request Consideration

Special Humanitarian Parole Program for Haitian Orphans Draws to a Close at Request of Haitian Government
USCIS Update

USCIS to resume Haitian orphan adoptions through regular process

Deferred Enforced Departure Extended for Liberians

USCIS Automatically Extends Validity of Employment Authorization Documents

Business Plan Basics for Starting a Law Firm

There's nothing like the adrenaline rush of starting a new firm. But the roller coaster ride can be stressful: determining which clients make the transition from the old firm to the new one, calculating expected billings and wondering whether profits will materialize. Dealing with banks and firm co-owners regarding paying for everything compounds the pressure. But lawyers can ease the stress of starting their own firms by creating a basic business plan, which isn't that difficult, says consultant Chuck Duff

Class Action Firm Opens IP Contingency Fee Practice

Pennsylvania plaintiffs firm Barroway Topaz Kessler Meltzer & Check has opened a patent litigation practice, to be run on a contingency basis, with two partners from Philadelphia-based intellectual property boutique Woodcock Washburn: Michael J. Bonella and Paul B. Milcetic. "I really think this is a model whose time has come," Milcetic says. He notes his clients never explicitly said they wanted to switch from hourly billing to contingency fees, but he got the message based on things like how marketing wen

Calif. Appeals Court Approves Contingency Fee Greater Than Client Award

A California appeals court has sided with Cotchett, Pitre & McCarthy in a dispute over a novel contingency fee deal that called for more legal fees than the amount of money the client recovered. Upholding an arbitration award for the firm of $7.5 million, the court rejected arguments that the award -- based on a contingency fee of 16 percent of the client's estimated damages -- was unconscionable. A lawyer for the Cotchett firm's former client said the case "cries out" for California Supreme Court review.

Sandler, Travis & Rosenberg Advisory: Obama Administration Details Proposed Export Control Reforms

OBAMA ADMINISTRATION DETAILS PROPOSED EXPORT CONTROL REFORMS Envisions Single Control List and Licensing Agency Defense Secretary Robert Gates outlined yesterday the Obama administration's long-awaited proposal to reform the U.S. export control system. While there have been many export

White House Issues Fact Sheet on President's Export Control Reform Initiative

Following Secretary Gates' export control reform speech today, the White House issued the following Fact Sheet containing additional details on the President's Export Control Reform Initiative: Fact Sheet on the President's Export Control Reform Initiative Earlier today, Secretary of Defense

Complete Text of Secretary Gates' Export Control Reform Speech

The full text of Secretary of Defense Robert Gates' export control reform speech delivered today in Washington, DC is reprinted below. I have highlighted the key reform proposals in the speech in bold text. 

First Legal Gambling Mobile App Debuts in Nevada

Have you ever wanted to place a sports bet but found the process inconvenient? Sure, you could always place your bet online with an offshore operator, but not everyone wants to do that. For one, some aren't comfortable trusting their

FDA to Consider if Genetically Altered Fish are Safe to Eat

If you genetically alter fish, are they safe to eat? The FDA is ready to issue an opinion as to whether fish genetically modified to grow faster pose health rinks. Aqua Bounty Technologies, Inc. boasts a genetically altered salmon that

EPA Warns of Unsafe, Scam Bed Bug Exterminators

It is an all too common theme, mentioned here and many other places. An event, tragedy or even a trend occurs and the scams or fakes follow like ants after a picnic. In this case, the bug analogy is apropos,

Teen Texts for Pot, Gets Sheriff

Texting can get people in a lot of trouble. We have heard about so many cases of sexting getting students into trouble in school and even getting criminal charges brought against them. Then there is the more mundane problems of

Student Kyle Dubois Sues School for Self-Inflicted Nipple Zap

From the time most kids are small, small children they hear the same thing from their parents, "don't play with that electrical cord (or wall outlet, or hairdryer) you'll get electrocuted." Maybe that is a small overstatement, but it gets

Wendy's 'Cooke' Charged with Assault over Bacon

Fooooood fiiiight

Heiress Paris Hilton's 'Not My Bag' Alibi Derailed by TwitPic

Only Heiress Paris Hilton would have her that's like totally "not my bag" alibi derailed by her own TwitPic of the purse. The purse that started it all, a black and gold Channel clutch, was tweeted by the heiress in

Rapper TI Arrested on Drug Charges

Live Your Life was the chart topping song that put Atlanta-based rapper T.I. on the music radar last year. Unfortunately, it appears that T.I. may be living his life outside the confines of the law. T.I. and his wife, Tameka

California Set to Enact New Anti-Paparazzi Law

They say any press is good press. A candid shot of a celebrity may be good press for the star, but it can have some serious penalties for the man behind the lens. Paparazzi beware: California is set to enact

American Airlines Sued Over Runway Overshoot

What happens when a plane overshoots a runway, causing a passenger on board severe mental and emotions problems? According to Jewel Thomas, you should get compensation. Thomas is suing American Airlines over an incident in Chicago where an American Airlines plane

American Idol Reject Re-Files Suit for $100M

"If your lifeguard duties were as good as your singing, a lot of people would be drowning." "I met someone the other night who's 28 years old, and he hasn't worked a day since he left college because he's pursuing

Study Uncovers Least Safe Cities for Walking

With fall quickly approaching, taking a leisurely stroll to watch the changing colors and enjoy the weather is something many city dwellers look forward to. If you live in Detroit, Atlanta, or Los Angeles, you may want to re-think walking

More reports that Japan will join Hague Convention on International Parental Child Abduction

Japan to join The Hague convention on child custody - Japan Today People who work with Japanese abduction cases are cautious about assuming that it will actually happen and that the treaty will be implemented effectively. Still, we are glad

May 25 is Missing Children's Day

Nine countries from across four continents are joining to raise awareness of missing children and strengthen global efforts to find them. International Missing Children?s Day, 25 May, is a day to commemorate missing children who have been found, remember those

Child custody treaty case splits Supreme Court on new lines

Child custody treaty case splits Supreme Court on new lines.