... common answer is to use the language of the country in which the contract will be filed in and include a foreign language translation in the language of all other parties involved, this is not always the case. Take, for example, the important international law decision of Germany 8 February 1995 Appellate Court Hamm, popularly referred to as the Socks Case. This case involved a German buyer ordering socks from an Italian seller. Four contracts were involved, each being conducted in Italian, with ...
July 24, 2008 02:30 pm

No Slime or Goo on Tap for DNC Protesters

(TalkLeft: The Politics of Crime)
... reason why the Department cannot give clear, audible warnings to disperse if it genuinely intends to give people the opportunity to disperse. Assure that the only people arrested are those who actually have been observed engaging in unlawful activity - When law enforcement officials seek to arrest large groups of people, it is essential that careful steps be taken to assure that the only people arrested are those who in fact are observed to have engaged in unlawful activity, as opposed to simply ...
July 24, 2008 02:17 pm

Baker's Delight Franchisee Forces National Investigation

(Psychology of Compliance " Due Diligence Law)
Image via Wikipedia In Australia, there is a new impetus to review the franchise disclosure laws - this time from the agency which reviews securities. Deanne de Leeuw, a former franchisee of Bakers Delight has succeeded in getting the franchise relationship looked at by Australia's Joint Standing Committee on Corporations and Financial Services. This is an important shift in focus, moving the focus of franchise relations from a pre-purchase disclosure regime to a continuous disclosure regime. A ...
July 24, 2008 07:11 am
As reported on LegalNewsline, the Senate Judiciary Committee held a hearing yesterday entitled "Courting Big Business: The Supreme Court's Recent Decisions on Corporate Misconduct and Laws Regulating Corporations." Committee Chairman Patrick Leahy took the lead in chiding the Supreme Court for ruling in favor of businesses in several high profile cases. As Patricia Ann Millett (a former attorney in the SG's office) notes in the article, however, it is a fallacy to say the Supreme Court favored ...
July 24, 2008 07:01 am

iPhone Forensics book

(Florida E-Discovery)
iPhone Forensics: Recovering Evidence, Personal Data & Corporate Assets is a new book from O'Reilly Media that "gives IT professionals, security personnel, and law enforcement the knowledge needed to conduct forensic analysis of an iPhone." This book shows the reader how to recover sensitive information from the device and perform disaster recovery, and walks the reader through various scenarios for recovering different types of information. With this guide, the reader will be able to ...
July 24, 2008 06:53 am
Jeffrey M. Shaman (DePaul University - College of Law) has posted The Wages of Originalist Sin: District of Columbia v. Heller on SSRN. Here is the abstract: This essay analyzes and critiques District of Columbia v. Heller, in ... require judgment, the nature of the balancing process circumscribes judicial discretion by requiring careful identification of the relevant interests and an evaluation of the law's effect upon them. Above all, balancing is a purposive means of constitutional interpretation.
July 24, 2008 05:52 am
... , WA accounting firm of Clothier & Head talks about the "dashboard." His comments were made to the Financial Core Group of the Law Practice Management Section of the American Bar Association. His comments identify the new "dashboard" concept of having important financial ... for a law firm displayed in an easy to understand format. Bruce discussed the most meaningful law firm financial measurements and how to show them to law firm management. 16 minutes, 44 seconds 6.9MB Click here to listen.
July 24, 2008 05:13 am
... -day legal marketing "boot-camp", there is still time to do so. Join law firm marketing experts and your fellow attorneys for our Rainmaker Retreat - ... Hotel. If you are struggling to build your legal practice or want to learn a proven law firm marketing system, you owe it to yourself to attend the Rainmaker Retreat. More than ... Position Yourself as a Specialist in your Area How to Avoid the Most Deadly Mistake Attorneys Make in Law Firm Marketing Don't miss out on the opportunity to put your firm on ...
July 24, 2008 04:51 am
... fees was unintentional would not suffice. If it could, the Comptroller's role would be reduced to a purely clerical one. This was objectionable in principle and would amount to letting an applicant make such a decision and to decide as a matter of law what was necessary to prove that the non-payment was unintentional. The IPKat doesn't blame Matsushita for persisting with a lost cause, since the patents in question were probably worth a great deal more than the cost of the initial ruling and ...
July 24, 2008 04:50 am

Constitutional right to access evidence for DNA testing

(South Carolina Criminal Defense Blog)
... of innocence that is of unimpeachable reliability is practically necessary if it "'undermines confidence in the outcome of the trial,'" Kyles, 514 U.S. at 434 (quoting Bagley, 473 U.S. at 678). South Carolina has been trying to get a law passed that would mandate the preservation of evidence and grant prisoners access to evidence for DNA testing. Under the N.Y. Court's analysis, even though the statutes authorizing access are not in place, prisoners should have a constitutional right to such ...
July 24, 2008 04:41 am
... and besides the one driver that is in critical condition, other drivers only escaped with minor injuries. The cause of the collision is still being investigated. Have you or anybody that you know been in a bus accident in California? If so, call us at the law office of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) now and get your free consultation from one of our experienced attorneys. We provide over 50 years of combined experience in helping the injured and we will fight for ...
July 24, 2008 04:22 am
... of Appeal held that the case could not continue on a class-wide basis because the issue of whether the breaks were prohibited by the employer or waived by the employee is by its nature an individual inquiry. The court further emphasized that an employer, in California, ... not taken or were shortened, they could not show why. The Brinker case suggests that in the absence of evidence that an employer has a class-wide policy prohibiting breaks, rest and meal break claims are not conducive to class ...
July 24, 2008 03:47 am
This month's issue of the ABA's Law Practice Magazine is out and it has an international theme. Lots of good articles, but I especially wanted to highlight an article called "Collaborative Technologies: Working with Others Around the Corner or Around the World," by Tom Mighell and me. We based the article on some of the main themes of our new book on collaboration tools and technologies. This article is designed as an short introduction to the topic of collaboration tools. The sidebar addresses ...
July 24, 2008 03:37 am
"Part of Fla. Pledge of Allegiance law stricken": The Associated Press provides this report. My earlier coverage of today's Eleventh Circuit ruling appears at this link.
July 24, 2008 03:25 am
... and Annual Reports for three years detailing its compliance to the policies and procedures under the Resolution Agreement. Initially, HHS officials received more than 30 complaints about the stolen tapes and disks after Providence, pursuant to state notification laws, informed patients of theft. Providence also reported the stolen media to HHS. Providence faced a pending class action lawsuit alleging that the health system failed to safeguard the data as required by HIPAA and violated Oregon's ...
July 24, 2008 03:08 am

We Will, We Will Wonk You!

(Bank Lawyer's Blog)
... how the rating agency models worked (or, in this case, did not work) or the actions and omissions of CDO "creators." As the effectiveness of Sarbanes Oxley in detecting and preventing fraud in the subprime mortgage market, it's hard to argue that no federal or state law has proved effective in detecting or preventing it, at least until it ran rampant like a crazed water buffalo on acid. On the other hand, his allegations fit nicely with our own knee-jerk preferences, so we're happy to post them.
July 24, 2008 03:07 am
... -- compensation via state procedures. The court allowed the remaining federal claims to go forward. Professor Patty Salkin summarized the opinion on her Law of the Land blog here. The County's current motion argues the court committed a "manifest error of law" when it did not ... . The County argues that the plaintiff bears the burden of proof on both claims under rational basis review, and it cannot meet that burden as a matter of law. The County's motion and supporting memorandum are posted here.
July 24, 2008 03:01 am

Wednesday Shorts

(Two-Seventy-One Patent Blog)
... . Litigation Support Outsourcing May Waive Fourth Amendment Protections As Well: Over at the Electronic Discovery Law Blog, a very interesting case is discussed where a law firm has filed a federal lawsuit seeking declaratory and injunctive relief in order ... here. See the amended complaint here. Patent SNAFU's - A Class Action Frontier? This is the question being asked by Law.com in Monday's story about chip manufacturer rivals engaged in a patent fight, where the chief scientist of one company ...
July 24, 2008 02:48 am
Strafford Publications, which usually gets pretty good people for its online law seminars, is putting on one entitled, "China's New Business Income Tax: Shielding Non- ... 's Bureau of Legislative Affairs for five years and for two other international law firms. Alan Granwell, Partner, DLA Piper, Washington, D.C. He ... issues in the region. Previously, she worked for Deloitte Touche Tohmatsu in Shanghai and for a law firm in Beijing. The panel will give you the benefit of their experience and analysis ...
July 24, 2008 02:12 am
... who had executed employment agreement containing a mandatory arbitration clause, and employee wrote letter requesting arbitration to which employer responded by telling employee that it did not consider his claim ripe for arbitration, district court's order-after employee's termination-denying employer's motion to compel arbitration on ground that employer previously breached its agreement and waived right to arbitrate disputes was error because employee did ...
July 24, 2008 02:06 am
 
 
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