Posts on ‘October 14th, 2009’

Intellectual property attorneys say the primary concern when they’re preparing for a legal battle over who owns a patent is to make sure they’re able to explain in layman’s terms what the case is all about. So how often do the attorneys worry about their message getting through?

A group of New York doctors and health care workers has asked a Washington, D.C., judge to order the federal government not to distribute the H1N1 vaccine. Specifically, they’re challenging the legality of the licensing of the swine flu vaccine, alleging it was approved without appropriate testing for safety and effectiveness. The plaintiffs are also seeking a court order to halt mandated H1N1 flu shots in New York state, which has ordered all health care workers to get the vaccine or risk losing their jobs.

The Securities and Exchange Commission is broadening its inquiry into the merger of Bank of America and Merrill Lynch. Specifically, the SEC will go beyond the issues of Merrill’s bonus pool, to look into Merrill’s accelerating pre-merger losses and BofA’s threat to use an escape clause to cancel the merger. This latest development follows a decision by BofA’s board to waive attorney-client privilege of internal discussions during the merger, after facing demands to do so from both the SEC and New York’s attorney general.

Lawyer competence was the topic of the day at the U.S. Supreme Court on
Tuesday, as the justices heard two cases involving claims of ineffective
assistance of counsel that violated the Sixth Amendment. In one case
being tracked by immigrant rights advocates, a lawyer’s flawed advice
exposed his client to deportation. In the other, the defense lawyer in a
capital case called his client sick and twisted during a closing
argument, and minimized mitigating evidence that might have helped avoid
the death penalty.