Posts on ‘March 11th, 2010’

In 2005, U.S. District Judge Robert Chatigny warned a defense lawyer of dire consequences if the lawyer did not do more to try to delay the execution of his client. “I’ll have your law license,” Chatigny warned at one point. The incident sparked a judicial ethics investigation of Chatigny, who sits in the District of Connecticut. Although he was cleared of misconduct and apologized to the defense lawyer, Republicans are reviewing the case as they weigh Chatigny’s nomination to the 2nd Circuit.

Unfortunately, the ease of access and simplicity of the cloud doesn’t extend to the legal issues supporting it. While traditional software licensing and IT outsourcing agreements can be a model for cloud computing, there are new risks and business practices that must be considered.

In a serious defeat for federal prosecutors, the second trial of blogger Harold Turner, the New Jersey white supremacist charged with threatening to kill three 7th Circuit judges, has resulted in a second mistrial. At the end of their second full day of deliberations Wednesday, the jurors said another day of deliberations would be useless, the third time they reported that they believed a unanimous verdict was impossible. Prosecutors will now have to decide whether to ask the 7th Circuit judges to appear for a third trial.

Six of the nine Supreme Court justices attended the State of the Union address in January, but don’t be surprised if that number goes way down next year, in light of comments made by Chief Justice John Roberts Jr. in Alabama on Tuesday, after he was asked about an unusual episode that occurred at this year’s address. Said Roberts: “To the extent the State of the Union has degenerated into a political pep rally, I’m not sure why we’re there.”

Plaintiffs lawyers have been jockeying for a front seat in the mounting litigation arising from the sudden unintended acceleration problems in Toyota vehicles. About 150 lawyers assembled in Chicago recently to discuss sharing experts and legal strategies in the Toyota litigation, which now exceeds 80 lawsuits. Many lawyers have broken into camps based on which jurisdiction they believe should hear the multidistrict litigation against Toyota — and which judge should decide the cases.

The recent decision Schachter v. Citigroup is the first California Supreme Court case to address the question of post-employment sales commissions. The court’s guidance is necessary because existing case law and interpretations from the California Department of Labor Standards Enforcement have not provided a clear, consistent or well-founded framework, says attorney Richard H. Frank. The ruling provides guidance for companies on crafting enforceable employment contracts and commission plans to address this issue.

Dallas police say a former city attorney accused of shooting a father and son inside their financial business Monday died from a self-inflicted gunshot wound on Wednesday. Police say Robert Mustard turned the gun on himself after shooting Richard Smith and Christopher Smith, both of whom are in stable condition. Authorities believe that Mustard, who worked for the city of Dallas in the 1980s, was upset about some financial dealings.

A federal judge ruled Wednesday that New York City had presented “compelling evidence” that it owned the right to the name Tavern on the Green. The decision comes more than two months after the famous Central Park eatery closed Dec. 31 and caps a bitter battle between the city and descendants of restaurateur Warner LeRoy, who licensed the right to run Tavern on the Green in the 1970s. Tavern on the Green opened in 1934, when Parks Commissioner Robert Moses transformed the Victorian Gothic structure from a sheepfold.