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Posts on ‘March 8th, 2010’

Interview Strategies: Mind Your Mannerisms

The adage “It’s not what you say, but how you say it” is true. In interviews you need to effectively communicate your professionalism both verbally and nonverbally. Valerie Fontaine and Roberta Kass discuss the importance of body language — both yours and your interviewer’s.

Fla. Insurance Case Could Set Precedent for Hurricane Claims

The Florida Supreme Court was asked Thursday to decide issues that may dictate the handling of hurricane claims, insurance payouts and deductibles. The case in dispute involves an $8.1 million federal verdict won by a Florida condo association against Australia-based QBE Insurance over its handling of a claim after Hurricane Wilma in 2005. The main issues: Does Florida recognize a claim for breach of implied warranty of good faith and fair dealing? If so, must the claim be brought after the fact like a bad faith claim?

Mercedes-Benz Hit With Large ‘Lemon Law’ Judgment

A judge has ordered Mercedes-Benz USA to pay $482,000 in damages and legal fees to a Wisconsin customer who was sold a defective car and not given a refund on time. The customer’s lawyer said he believes the judgment is the largest involving a single car under a state “lemon law,” which protects consumers who are sold junk cars. A Mercedes-Benz spokeswoman said the company is strongly considering an appeal.

Houston Judge Declares Death Penalty Unconstitutional

Houston Judge Kevin Fine last week granted a motion filed by defense
attorneys in a capital murder case and declared the death penalty
unconstitutional. “What he’s saying, and what the motion is saying, is
that you can’t administer the … death penalty fairly in Texas,” says
John Keirnan, a lawyer for the defendant. “This is the beginning of the
end of the death penalty in Texas.” Texas Attorney General Greg Abbott
called Fine’s action an example of “unabashed judicial activism.”

Witness Interviews Aren’t Privileged Work Product, Says Calif. Court

Witness statements recorded or taken in writing by attorneys or their representatives aren’t privileged work product and, therefore, are open to discovery, a divided California appellate court ruled Thursday. Surprisingly, the justices, including the dissenter, took the opportunity to harshly criticize a 14-year-old appellate ruling out of Sacramento that held just the opposite. The majority called it “cursory” and the dissent said the 1996 holding went “too far.”

Shareholders Cry Conflict of Counsel in Class Action Over Merck Merger

Law firm Carella, Byrne, Cecchi, Olstein, Brody & Agnello faces conflict allegations over its projected $3.5 million fee for representing shareholders who obtained no monetary or equitable relief in a class action settlement over the merger of drug giants Merck and Schering-Plough. The lawyer for the class member opposing the settlement argues that certifying the class serves no purpose except to make Carella Byrne eligible for attorney fees. He also seeks sanctions against the firm for allegedly botching the suit.

Cravath May Represent Air Products in Takeover Bid for Airgas, Delaware Judge Rules

Cravath can continue representing Air Products in the company’s bid to acquire competitor Airgas, despite Airgas’ claims of conflict, a Delaware judge ruled Friday. Cravath had represented both companies for years and Airgas alleged the firm had confidential information about Airgas that could be used in assisting Air Products in its $5.1 billion takeover bid. The ruling comes about two weeks after a Pennsylvania federal judge said he would revisit Airgas’ damages claims against the firm after the Delaware judge ruled.

Judge Refuses to Dismiss Suit Against Rumsfeld Over Americans’ Alleged Detention in Iraq

An Illinois federal judge has refused to dismiss a suit against former Secretary of Defense Donald Rumsfeld by two Americans who claim they were detained in Iraq. David Vance and Nathan Ertel, who went to Iraq in 2005 to work for a security firm, also sued the U.S. government, alleging they were interrogated by the military due to suspicions that their company was providing arms to insurgents. They claim they were put in cages, strip-searched and questioned using “coercive tactics” before being released weeks later.

Deferred Associates Evaluate Their Experience in Public Interest Jobs

Nearly three-quarters of deferred associates in New York who placed with public interest groups developed a stronger interest in pro bono work because of the experience, according to a new report by the New York City Bar. But the bar also found that while the attorneys were generally satisfied with the training they received, they expressed a low satisfaction level with their integration into public interest groups, and a frustration with the lack of communication from their firms about their start dates.

IP Battle Between Indian and American Companies Ends With $38 Million Accord

One of the ugliest IP battles in Pennsylvania has now settled for $38 million and an agreement between plaintiff Purolite and defendant Thermax — competing manufacturers of water purification products — that they will now jointly own the trade secrets alleged to have been stolen. In the suit, Pennsylvania-based Purolite claimed that Thermax, based in Pune, India, had hatched a scheme to steal and use Purolite’s trade secrets related to the development, production and sale of ion exchange resins.