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 | Pro Se Attorney Litigants May Not Recover Attorney's Fees in Maryland
November 6, 2009, previously published on October 2009 The Appellant, E. Scott Frison, Jr., represented the Appellee, Jerry J. Mathis in a lawsuit filed against him. The jury awarded judgment to Mr. Hargrove in the amount of $142,000, and Mr. Mathis refused to pay Mr. Frison for his legal fees incurred during the lawsuit. Mr. Mathis claimed that Mr.... |
| FERC Endorses Private Right to Prosecute Market Manipulation Complaints under Federal Power Act
November 6, 2009, previously published on October 27, 2009 The Federal Energy Regulatory Commission on October 23 affirmed the use of a procedural vehicle that allows third parties to bring market manipulation claims under the Federal Power Act (FPA). In an apparent departure from FERC's enforcement cases to date, which are rooted in investigations... |
| Attorney-Client Privilege Trumps Company's Email Policy
Hinshaw & Culbertson LLP; November 6, 2009, previously published on November 5, 2009 Despite company policy to the contrary, a former employee's personal emails to her attorney were protected by the attorney-client privilege. |
| PRC Labour Law in a Nutshell: Can I Require an Employee to Pay Liquidated Damages should the Employee Breach the Labour Contract?
November 6, 2009, previously published on November 4, 2009 Can I require an employee to pay liquidated damages should the employee breach the labour contract? |
| District Court Finds False Claims Act (FCA) Punitive in Nature and Holds Retroactive Application of the Fraud Enforcement and Recovery Act of 2009 (FERA) Unconstitutional
November 6, 2009, previously published on November 2, 2009 In United States ex rel. Sanders v. Allison Engine Co., Inc., No. 1:95-cv-970 (S.D. Ohio Oct. 27, 2009), the court found FERA's retroactive effective date for certain claims pending on or after June 7, 2008 to be both inapplicable to the facts of the case and a violation of the Ex Post Facto Clause... |
| Merger of a Contract into a Judgment Precludes Collection of Contract Based Attorney's Fees
November 6, 2009, previously published on October 2009 In an attempt to resolve disputes stemming from Appellees' failure to perform construction work under a subcontract, the parties in this case dismissed their lawsuits and entered into a Settlement Agreement. The Settlement Agreement provided that "In the event that any party is required to... |
 | Foreign Judgments & Community Property: A Moving Target
November 6, 2009, previously published by Arizona Attorney In this article, we attempt to place Rackmaster in proper context and discuss the various strains of analysis giving rise to the confusion in this area of law. The underlying principles of law include: (1) the requirement, under the Full Faith and Credit Clause of the United States Constitution,... |
| The Applicability of the Attorney-Client Privilege before Congress
James Hamilton, Randall Mark Levine; Bingham McCutchen LLP; November 6, 2009, previously published on November 2, 2009 Rep. Edolphus Towns (D-N.Y.), Chairman of the House Committee on Oversight and Government Reform, recently asserted, as other Congressional leaders before him have done, that "Congress has the right to refuse to recognize an assertion of the attorney-client privilege." |
| Does the NLRB Still Have Jurisdiction to Adjudicate Labor Disputes?
Matthew H. Nelson; Dinsmore & Shohl LLP; November 5, 2009, previously published on November 3, 2009 The United States Supreme Court will soon decide whether the National Labor Relations Board has jurisdiction to resolve labor disputes. For the past two years the Board has operated with only two members. Under the National Labor Relations Act, the Board, which ordinarily consists of five members,... |
| Court Muddies the Waters on Federal Shoreline Jurisdiction
Marc R. Bruner, Ella Foley Gannon; Bingham McCutchen LLP; November 5, 2009, previously published on October 29, 2009 In United States v. Milner, the Ninth Circuit ruled that federal jurisdiction under the Rivers & Harbors Act is defined by where the mean high water line would have been had shore-defense structures such as seawalls and levees never been built, while jurisdiction under the Clean Water Act is... |
