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2 May, 2008 11:56 am
In a new "John Doe" case, this one targeting students at Duke University, BMG v. Does 1-10, John Doe #4 has made a motion to dismiss the Linares declaration, dismiss the complaint, and quash the
subpoena. -->Motion to strike declaration, dismiss complaint, and quash subpoena* * Document published online at Internet Law & RegulationCommentary & discussion: []-->
-->--> --> --> [] [] ...
15 Sep 8:22 am
... webinar reviewing the substance and implications recent changes to ABA Model Rule 1.10. This rule
governs the ability of law firms to use ethical screens pre- ... the ABA's own web site. The model rule is just that, a model. But it does
highlight a growing trend of jurisdictions accepting the reality of attorney mobility and the suitability of ... Thomson West on their webinar site: "Understanding and Responding to
Recent ABA Changes to Rule 1.10 Screening Requirement." It's a free session and offers
1 ...
9 Mar 11:21 am
... Rule 1.10(a) provides an exception to the normal imputation rules when: (2) the [conflict] is
based upon Rule 1.9(a), (or (b)), and (i) the disqualified lawyer is timely screened from any participation in the matter and is ... 's
language, the type of conflicts that "reside entirely within a firm," (to rephrase what you're referring to) entail a Rule 1.7(a)(2) analysis,
and the revised Rule 1.10 does not permit screening for
conflicts arising under Rule1.7. However, the rather confusing overlap, or ...
6 Nov, 2007 4:51 am
In the Oklahoma State University case, Arista v. Does 1-11, the students have filed a reply brief,
responding to the RIAA's opposition papers, and in further support of their motion to strike ... the RIAA's complaint. Among other things, they cite the papers submitted by the Oregon
Attorney General in support of the motion to quash which had been made by the University of Oregon in Arista v. Does 1-17 Defendants' Reply Brief in Support of Motion to Strike RIAA's Pleadings* * Document published online ...
26 Jan 3:49 am
... than 650,000 of its members" that "contained personal and sometimes embarrassing information about the members." Doe 1 v. AOL LLC,
___ F.3d ___ (9th Cir. ... filed their class action complaint after AOL accidentally made publicly available, for 10 days, "roughly twenty
million AOL Internet search records"; the class action ... limited the appropriate fora to Virginia state courts. See AOL, at 694 n.10. AOL's
interpretation would subject it to liability in a greater number of courts - as it includes all ...
29 Oct 9:43 am
... I'd post it. Does this Saturday's MPRE test cover the new version of MR 1.10(a) that was passed this August (and was the subject of an on-again, off-again amendment in the Spring)? According to page 35 of the MPRE's information ...
no earlier than one year after they are approved. So, this Saturday they will be testing the version of 1.10(a) that was in place October 2008, which is the version that does not permit unilateral ethical screens when a
lawyer moves from private practice to private ...
23 Apr 6:03 am
... Arista Records v. Does 1-16, a "John Doe" case targeting students at the State University
of New York at Albany, the US Court of Appeals for the Second Circuit ... before the RIAA had even filed papers responding to the students' objections. John Doe #3 filed an
appeal, made a motion for a stay pending appeal, and requested ... affirming Magistrate Judge's decision Declaration in support of motion for stay March 10, 2009, order granting interim stay Plaintiffs' memorandum in opposition to motion for stay ...
30 Oct, 2008 5:50 pm
In LaFace Records v. Does 1-5, the case pending in the Western District of Michigan targeting
students at Northern Michigan University, pro se litigant John Doe #5 has moved for reconsideration of the Magistrate Judge's order denying his motion to vacate and to quash.
Defendant John Doe #5's Motion for Reconsideration *-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []-->-->
-->--> ...
10 Mar 6:45 am
In Arista Records v. Does 1-16, the case targeting students at the State University of New York in
Albany, the United States Court of Appeals for the Second Circuit has granted an interim stay of the ... the subpoena is stayed during the pendency of John Doe's motion for stay
pending appeal. Plaintiffs are required to file their opposition papers, if any, by March 23rd. March 10, 2009, order granting interim stay
*-->* Document published online at Internet Law & Regulation--> Commentary & ...
25 Oct, 2007 6:01 am
In Arista v. Does 1-11, the RIAA's ex parte discovery suit against Oklahoma State University
students, the RIAA has filed papers opposing the students' motion to strike. RIAA's Opposition to Motion to Strike* * Document published online at Internet Law &
RegulationCommentary & discussion: []-->--> --> [] [] [] [] --> Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing
music movies indie independent label ...
27 Oct, 2007 4:47 am
In Interscope v. Does 1-7, the RIAA's ex parte case against students at College of William & Mary
in Virginia, where the Judge had sua sponte rejected the RIAA's ex parte discovery application, the RIAA has filed a brief opposing the amicus curiae brief submitted by North Carolina
State University students. Meanwhile, the court records suggest that neither the College of William & Mary nor the defendants are even aware of the proceedings, never having been
served by ...
7 Nov, 2007 2:35 am
... a motion to quash the RIAA's subpoena, back in July, and that his motion was just denied, in a decision finding that "the University maintains the log files containing the
subscriber activities for only a limited time period". The name of the case is Arista v. Does 1-15,
in the Southern District of Ohio, Eastern division, located in Columbus. [Ed. note. This motion had not been on our radar. We learned about it ...
18 Feb 10:49 am
In Arista Records v. Does 1-16, an upstate case in which SUNY Albany students are being targeted, the
Magistrate Judge has denied the motion by four (4) defendants to quash the subpoena. The Magistrate Judge pointed out in his decision that there were 5 issues, and that he had decided
all 5 issues in favor of the plaintiffs. The defendants have 10 days to file objections. February 18, 2009, Decision of Magistrate Judge
*-->* Document published online at Internet Law ...
11 Jan, 2007 1:04 pm
... over the question whether the federal Impact Aid statute is ambiguous and, therefore, the Department of Education (DOE) regulations implementing the Impact Aid program are
entitled to Chevron deference. Counsel for petitioners, Ronald VanAmberg ... Aid statutes' failure to include the precise language of the existing regulations meant that the Congress
intended to diverge from the DOE's formula. Mr. Srinivasan responded that this inquiry was improper. The appropriate question for Chevron purposes, he ...
9 Jan, 2007 1:54 pm
... administrative interpretation of the statute. The respondents - the New Mexico State Department of Education and the U.S. DOE - argue that the Secretary of Education validly
exercised the authority that was delegated to him by Congress and filled a statutory ambiguity ... Impact Aid program - namely, to benefit students, not to benefit school districts. In
addition, they view the DOE's method of calculation as consistent with the structure of the Impact Aid scheme when read as a whole. Finally, they ...
11 Mar 8:18 am
... an exact number from this report, we know if 178 people were killed on I-10 in the Phoenix metropolitan area over that five-year period,
countless others suffered ... take place in the Phoenix metropolitan area and throughout the State of Arizona. This report does not place
blame; therefore we are in no position to decide whether blame ... If you or anybody you know has been involved in a car accident on I-10 and
has questions regarding either the safety of the roadway or just questions about the car ...
26 Nov, 2006 2:59 pm
It looks like BearingPoint, Inc. (NYSE: BE) did file its 2005 Form 10-K at 5:42 pm on Wednesday, November 22nd, one day before Thanksgiving and
upholding ... and flat year-over-year. (Our take: BE is like a sieve, employees leave in droves (1 of out every 4) and the company just goes
out and hires a bunch ... a good 15% move anticipating this event. The stock barely budged on Friday after the release of the 10-K, which just
shows how efficiently the market can price a stock with its own estimates and ...
9 Jan, 2007 6:30 pm
... other organizations to make political expenditures. Arguing in support of the statute, Washington and the teacher petitioners argue that § 760 does not burden the union's First Amendment rights and instead provides protection for the First Amendment ... " in permitting agency shop arrangements and in
protecting the First Amendment rights of workers. The United States emphasizes that § 760 does not impose any limits on the content, or even
the time, place, or manner of the WEA's speech, nor does it ...
8 Oct, 2007 10:41 am
... Counsel for Families Against Mandatory Minimums, of Kimbrough v. U.S., in which the Supreme Court heard oral argument last week regarding judicial discretion to depart from the
Federal Sentencing Guidelines, particularly in the context of their 100-to-1 crack-powder sentencing disparity. A discussion of recent policy
changes related to college loans by John Weaver. Video excerpts from ACS' 2007-08 Supreme Court preview, including Harvard law professor Carol Steiker discussing the federal ...
12 Jan, 2007 8:23 am
... federal and state discretion. Initial questions to Mr. Clement attempted to separate out two arguments for why the Washington Supreme Court's decision should be overturned: one made
by Washington and the United States that § 760 is constitutional because it does not burden unions' First Amendment rights and furthers state
interests in promoting election integrity and one made by the Davenport petitioners that the opt-in process is actually required by the First Amendment to protect nonmembers' ...
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