January 2006

The current issue of Bankruptcy Court Decisions, Weekly News and Comment has a cover story on lawyer blogs and mentions my blog and my friend Steve Jakubowski’s Bankruptcy Litigation Blog. download file.

Last month, the D.C. Circuit Court of Appeals struck down an FTC effort to control lawyers, and rendered a decision that favors the rights of individual states to regulate lawyers. As reported by the ABA here, the court held that the Gramm-Leach-Bliley Act was never intended by Congress to apply to lawyers, and as…

In Bally Total Fitness Holding Corp. v. Liberation Investments, L.P., et al., download file, the U.S. District Court for the District of Delaware denied as moot a motion for injunctive relief concerning a proxy statement that was alleged to be misleading and materially false. At a TRO hearing, the plaintiff told the court…

In one of the first Chancery Court published opinions of 2006, Vice Chancellor Leo Strine provided a clearly defined framework to analyze the arbitrability of a dispute arguably subject to an arbitration clause but which clause has an “out” for a party seeking injunctive relief. In Willie Gary LLC v. James & Jackson LLC,…

For my regular ethics column in the current issue of The Bencher, the national publication of the American Inns of Court, I summarized a Florida appellate court decision that discussed the issues of legal ethics involved in the same lawyer representing a majority shareholder and the corporation. In allowing the same lawyer to represent…