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Decades After Crime, Rehabilitated Alien Still Faces Removal

"A reluctant Second Circuit panel has ruled that Savario Perriello cannot use his pending petition for naturalization to block removal proceedings under the law as it now stands, even though it took the government more than 16 years after he was released from prison to start the proceedings. 'We acknowledge the significant hardship that Perriello and his family will face as a result of the unaccountable delay in the decision to seek his removal decades after his conviction, and notwithstanding his evidently lawful and productive life in the interval,' Judge Dennis Jacobs wrote for the court"

Intellectual Property Litigation

Thursday, September 3, 2009

By Lewis R. Clayton

"Lewis R. Clayton, a litigation partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews recent cases involving the amount of royalties an "individualized internet radio station" must pay to the owners of copyrights in sound recordings, the pleading standard for inequitable conduct claims in patent infringement complaints, whether the removal of the UPC from the packaging of trademarked goods may constitute trademark infringement, when a court may direct the recall of infringing products, and more."

Matrimonial Practice

Thursday, September 3, 2009

By Timothy M. Tippins

"Timothy M. Tippins, a practicing attorney and an adjunct professor of law at Albany Law School, writes: If future courts are to apply the decisions of today as the precedent of tomorrow, it is essential that those decisions establish and explain the principles which are their foundation. The recent decisions in Mahoney-Buntzman v. Buntzman and Johnson v. Chapin from the Court of Appeals raise the question of whether the equitable distribution law - as judicially developed - is increasingly a disconnected series of results or products unanchored to well-established underlying principles."

OUTSIDE COUNSEL:

Efficient but Effective Commercial Litigation: Read the Documents

Thursday, September 3, 2009

By Mark P. Zimmett

"Mark P. Zimmett, of the Law Offices of Mark P. Zimmett, writes: The point of the document management process is to find, learn, present and win the case that is buried in the documents. Too often the process becomes the point, and we get bogged down in the time and motion studies and alternative billing arrangements to pay for the process. Ultimately, our service must be efficient and effective, and when it is both, our clients will be more readily convinced of its value."

CORPORATE UPDATE:

'Outsiders' as 'Insiders': Recent Insider Trading Cases

Thursday, September 3, 2009

By Howard W. Goldstein

"Howard W. Goldstein, a partner at Fried, Frank, Harris, Shriver & Jacobson, writes that generally, corporate "outsiders" - persons with no direct or derivative fiduciary duty to a corporation or its shareholders - have been held liable for insider trading only when they had a fiduciary or fiduciary-like relationship with the source of the material, non-public information on which they traded. After a period of controversy and uncertainty, the Supreme Court in 1997 adopted the so-called "misappropriation" theory and thereby appeared to make clear the circumstances in which a corporate outsider would be liable, but two recent cases illustrate that the precise contours of the misappropriation theory are still uncertain and the subject of continuing judicial development."