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Top Ten Stories of the Week January 9, 2009.

Layoffs Clifford Chance Plans to Ax Up to 80 Associates, Asks Partners to Ante Up Jan 8, 2009, 07:18 am CST

Attorney Fees Judge Finds Dewey’s $100K-a-Day Fee Application is Excessive

January 2009

Happy New Year!

The January 2009 issue of WSLL @ Your Service has been published at http://wsll.state.wi.us/newsletter/0901.html In this issue:

The e-newsletter of the American Library Association – January 7, 2009
Selected highlights*

Judge overrules Philadelphia branch closings A Philadelphia judge has ordered Mayor Michael Nutter to halt his planned closing of 11 branches of the Free Library of Philadelphia. Court of Common Pleas Judge Idee C. Fox (right) issued the ruling December 30 in response to an emergency motion filed by three city council members who argued that the closures would violate a 1988 city ordinance requiring the mayor to obtain council approval before shutting any city-owned facility….
American Libraries Online, Jan. 5
Protect patrons’ privacy ALA Editions has released a new title, Privacy and Confidentiality Issues: A Guide for Libraries and their Lawyers, by Theresa Chmara. In this clear and concise guide, set up in an FAQ format, First Amendment attorney and litigation expert Chmara shares her decades of experience in easy-to-understand, jargon-free language. Interspersed within the questions and answers, actual court case studies lend a sense of urgency to the explanations….

Date change for Los Angeles Lawyers for Libraries ALA will present a Lawyers for Libraries training institute February 27 in Los Angeles. The previously announced date was February 20. The Lawyers for Libraries Institute is primarily intended to equip attorneys with tools they need to effectively defend the First Amendment in libraries….

Internet use grows at meetings Until recently, travelers attending conferences had simple internet needs. They would check email messages and look up information on the Web or connect to the home office. Now, meetings are likely to include streaming video and online interaction. Back in their rooms, travelers are downloading movies and logging onto peer-to-peer networks. Event organizers and hotels and conference centers are struggling to keep up and prevent internet gridlock….
New York Times, Dec. 29 Continue reading

On June 29, 2008, the American Library Association Committee on Accreditation voted to release the program from its conditional status and grant reaccreditation for the full seven years to the program leading to a Master’s of Library and Information Science (MLIS) degree at Dominican University. The accreditation status of the program explicitly includes all sites offering courses that are part of the program listed above.

A Celebration of Reaccreditation was held in Parmer Hall Atrium on September 12, 2008 from 5 p.m. to 7 p.m., with faculty, staff, students, advisory board and Alumni Council Members, and friends of the program, along with President Donna Carroll made remarks and helped celebrate.

Also:

We received the following e-mail today from Jennifer S. Murray of the Maricopa County Superior Court Library in Arizona and would like to share it with you:

For those who might be interested, I wanted to share this link to today’s Diane Rehm Show audio file on the role of libraries in economic hard times:
http://wamu.org/programs/dr/09/01/07.php#24509

Update from the Lexis Alert Service,

January 8, 2009
1. People v. Molloy, 4975, 2789/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 7; 2009 N.Y. App. Div. LEXIS 14, January 6, 2009, Decided, January 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, …

2. People v. Lubbe, 4963, 7131/04, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 35; 2009 N.Y. App. Div. LEXIS 17, January 6, 2009, Decided, January 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Arlene R. Silverman, …

3. People v. Anonymous, 4959 7146/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 31; 2009 N.Y. App. Div. LEXIS 32, January 6, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Rena K. Uviller, …

4. People v. Goldstein, 4976, 527/99, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8; 2009 N.Y. App. Div. LEXIS 6, January 6, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Carol Berkman, J.), …

5. People v. Wallace, 4948, 1922/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 23; 2009 N.Y. App. Div. LEXIS 35, January 6, 2009, Decided, January 6, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (A. Kirke Bartley, …

6. People v. Olmeda, 4970, 1869/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 2; 2009 N.Y. App. Div. LEXIS 29, January 6, 2009, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (James A. Yates, …

7. People v. Reddick, 4618, 2880/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9169; 56 A.D.3d 344; 868 N.Y.S.2d 28; 2008 N.Y. App. Div. LEXIS 8658, November 20, 2008, Decided, November 20, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Carol Berkman, J. …
Continue reading

Update from the Lexis Alert Service,

January 7, 2009
1. People v. Howell, 4652, 6053N/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9264; 56 A.D.3d 373; 867 N.Y.S.2d 331; 2008 N.Y. App. Div. LEXIS 8809, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Edwin Torres, J.), …

2. People v. Lynah, 4656, 1417/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9268; 56 A.D.3d 375; 2008 N.Y. App. Div. LEXIS 8791, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Gregory Carro, J.), …

3. People v. Vasquez, 4660, 1990/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9272; 56 A.D.3d 378; 2008 N.Y. App. Div. LEXIS 8804, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Carol Berkman, J. …

4. People v. Kurell B., 4661, 4662, 2873/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9273; 56 A.D.3d 379; 2008 N.Y. App. Div. LEXIS 8801, November 25, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Gregory Carro, J.), …

5. People v. Ross, 4664, 1285/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9275; 56 A.D.3d 380; 2008 N.Y. App. Div. LEXIS 8816, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Michael J. Obus, …

6. People v. Green, 4588, 5885/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9278; 56 A.D.3d 390; 2008 N.Y. App. Div. LEXIS 8808, November 25, 2008, Decided, November 25, 2008, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Richard D. Carruthers, …

7. People v. Cardoza, 4677, 5504/97, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9285; 56 A.D.3d 396; 2008 N.Y. App. Div. LEXIS 8803, November 25, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State …
Judgment, Supreme Court, New York County (Bonnie G. Wittner, …
Continue reading

Update from the Lexis Alert Service,

January 1, 2009

1. People v. Vallevaleix, 4921, 511/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 10203; 2008 N.Y. App. Div. LEXIS 9955, December 30, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

January 5-8, 2009:

ADMINISTRATIVE LAW, GOVERNMENT LAW, MEDIA LAW, MILITARY LAW
Associated Press v. US Dep’t of Def., No. 06-5352
In a Freedom of Information Act (FOIA) action brought by the Associated Press against the Department of Defense, judgment mainly for AP ordering the DOD’s disclosure of, inter alia, Guantanamo detainee identifying information contained in records of DOD’s investigations of detainee abuse at Guantanamo is reversed where: 1) detainees and their family members have a measurable privacy interest in the nondisclosure of their identifying information in such records; 2) the AP failed to show how the public interest would be further served by disclosure of their identities; and 3) thus, the identifying information is exempt from disclosure under the FOIA privacy exemptions.

ATTORNEY’S FEES, PROFESSIONAL MALPRACTICE
Chen v. Chen Qualified Settlement Fund, No. 06-1302, 06-3810
In a case arising from a medical malpractice action which had been settled, denial of attorney’s application for attorneys’ fees is affirmed where: 1) the district court did not abuse its discretion in denying the application based on a finding that attorney engaged in misconduct with respect to the fees and expenses in the case and that he failed to represent his client adequately with respect to the post-settlement proceedings in the district court; and 2) the record did not support his claim of bias
CRIMINAL LAW & PROCEDURE, EVIDENCE, SECURITIES LAW, WHITE COLLAR CRIME
US v. Kelley, No. 06-5536
A conviction for securities fraud and wire fraud is affirmed where: 1) although the use of bogus account statements to lull defrauded investors is not in and of itself sufficient to establish a securities law violation, the use of such statements is relevant as evidence to prove, inter alia, a defendant’s intent to defraud and the extent of the scheme employed; and 2) thus, there was no error in admitting such evidence in this case.

ATTORNEY’S FEES, BANKRUPTCY LAW, CIVIL PROCEDURE, COMMERCIAL LAW, CORPORATION & ENTERPRISE LAW
In Re: Smart World Techs., LLC, No. 08-1721
In the bankruptcy context, pre-approval of a fee agreement under 11 U.S.C. section 328(a) depends on the totality of the circumstances, including whether the professional’s application, or the court’s order, referenced section 328(a), and whether the court evaluated the propriety of the fee arrangement before granting final, and not merely preliminary, approval. In the circumstances of this case, the circuit court rules that: 1) the bankruptcy court’s Retention Order was a pre-approval within the meaning of 11 U.S.C. section 328(a); and 2) no subsequent developments warranted modifying the terms of appellee-firm’s retention. ..

CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, INTERNATIONAL LAW
CP Solutions PTE, Ltd. v. Gen. Elec. Co., No. 07-3444
In a commercial contract dispute, dismissal of plaintiff’s complaint for lack of subject matter jurisdiction is reversed and remanded where: 1) contrary to the district court’s ruling, one of the defendants was not an indispensable party; and 2) thus, that defendant could be dropped as a party so as to preserve diversity jurisdiction.

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Uddin, No. 07-3121
A sentence for food stamp fraud and theft of public property is affirmed where, despite the absence of data as to the exact amount of loss, the district court’s loss calculation was a reasonable estimate of the loss caused by the defendant, and its forfeiture calculation was not plainly erroneous.
Continue reading

A meeting of the Federal Open Market Committee was held in the offices of the Board of Governors of the Federal Reserve System in Washington, D.C., on Monday, December 15, 2008 at 2:00 p.m. and continued on Tuesday, December 16, 2008 at 9:00 a.m.

To see the Minutes, click on the link below:

Minutes of the Federal Open Market Committee for December 15-16, 2008, Released by the Board of Governors of the Federal Reserve System

Contact Information