Monday, February 6th 2012

Going Global? Don’t Overlook Public Policy

Helping to shape public policy of other countries is strictly the realm of government agencies, right? Wrong, according to Ben W. Heineman Jr., former GE senior vice president and GC. According to Heineman, transnational companies should integrate public policy and politics into business strategy when dealing with foreign countries, with overall responsibility for the task perhaps best left to the GC. Heineman also provides a glimpse of GE’s policy practices in other countries, including China.

Popularity: 5% [?]

Don’t Bury Your Head in the Sand When it Comes to Ethics

Hiring someone to help a client may subject the attorney who engages the consultant to disciplinary sanctions if the consultant engages in conduct that would violate the Code of Professional Responsibility when performed by a lawyer. This may be true even if the lawyer was unaware of the means that the consultant planned to use to complete the assignment. The lesson? Hiding from potential danger does not provide protection to ostriches, and it will not shield lawyers either.

Popularity: 4% [?]

Continental Casualty Co. v. Advance Terrazzo & Tile Co., Inc.

“Absolute” pollution exclusion in construction subcontractor’s general liability policy barred coverage for personal injury claim where worker alleged that exhaust fumes from propane-powered equipment caused worker’s collapse and subsequent injuries; insurer therefore had no duty to defend where exhaust constituted “pollutant” dispersed throughout worksite due to equipment’s operation.

Popularity: 3% [?]

Dal Pozzo v. Basic Machinery Co., Inc.

Attorney’s needless and frivolous multiplication of proceedings, both by indefensibly persisting in blocking completion of negotiated settlement and by failing to appear at resulting hearing, warranted imposition of personal sanctions; additional sanctions were warranted at appellate level where attorney lodged baseless appeal and then abandoned issues only after causing opposing counsel time and expense in mounting defense.

Popularity: 4% [?]

Brown v. United States

Federal Tort Claims Act does not preclude recovery for negligent prenatal injuries to child of military service person regarding injuries independent of any injury to child’s parent.

Popularity: 4% [?]

Proposed Limits on Attorney Advertising Attract More Criticism

When four presiding New York justices formulated exceptionally broad
ethics rules on attorney advertising last spring, they took the unusual
step of delaying implementation of the proposals because they figured
such sweeping new limits might generate some comment. Boy, were they
right. The initial 90-day comment period, which ended Sept. 15, has been
extended two months, and the justices are getting an earful as they inch
toward adopting standards that are now slated to take effect in
mid-January.

Popularity: 3% [?]

Appeals Court Says Lawyer Acted as ‘Double Agent’ in Divorce Case

Appellate justices have seen just about everything when it comes to bizarre facts in court cases, but every once in a while even they come across a jaw-dropper. That’s how it was last week, when a California appeals court agreed to set aside a settlement in a divorce case in which two justices felt an unnamed attorney appeared to act as a “double agent.” Justice David Sills wrote, “the husband’s attorney literally palmed himself off to the trial court as the wife’s attorney.”

Popularity: 3% [?]

Attorney-Client Privilege: Everyday Rules From a High-Profile Case

A Pennsylvania federal judge was recently called on to apply the
attorney-client privilege to a case in which the plaintiff accused
comedian Bill Cosby of sexual assault and defamation. The judge’s
resolutions of the parties’ dispute provide guidelines that are equally
applicable in cases with less notoriety, but with no less importance to
the participants, says Thorp Reed & Armstrong’s Kevin P. Allen.

Popularity: 3% [?]

Federal Judge Dismisses Suit by Prosecutor’s Former Political Rival

A federal judge last week largely dismissed a lawsuit that alleged Brooklyn District Attorney Charles J. Hynes and New York state court officials had violated the rights of Sandra E. Roper, a former political challenger of Hynes. Judge William H. Pauley III said Roper could not sustain her allegations against the defendants in their official capacities. Roper lost her job as a court attorney for Civil Court Judge Peter Sweeney after a special prosecutor indicted her for fraud, forgery and larceny in 2003.

Popularity: 5% [?]

BellSouth Settles Fraud Claims for $35 Million

BellSouth Corp. has agreed to settle a consolidated class action securities fraud suit for $35 million, according to federal court pleadings. In doing so, the telecommunications company has admitted no wrongdoing in the case, which originally accused company executives of artificially inflating stock prices and then selling their own holdings, leaving unwitting stockholders with greatly devalued shares. U.S. District Court Judge William C. Duffey Jr. signed off on the preliminary agreement on Sept. 28.

Popularity: 7% [?]

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