Today's Legal News, October 24, 2001

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October 24, 2001 =09 =09

[IMAGE] House Prepares to Move Anti-Terrorism Compromise The Associated =
Press Police would be able to secretly search the homes of suspects, tap th=
eir phones and track their Internet use under anti-terrorism legislation mo=
ving toward final approval in the U.S. House of Representatives. House lead=
ers said the final bill will be voted on today, with Senate approval expect=
ed later this week. But the bill may hit a snag on the Senate side as lawma=
kers tinker with an ethics amendment applying to federal prosecutors. Ful=
l Text New York Federal Judge Slams Attorney's Tactics in Surety Bond D=
ispute as 'Sleazy' New York Law Journal An attorney in a dispute over a su=
rety bond has been hit with sanctions after raising the ire of a federal ju=
dge in New York. It was not just that Alfred Ferrer III filed an unwarrante=
d order to show cause, but when he filed it. "Dante should have reserved a =
special place in hell for lawyers who file unwarranted orders to show cause=
on the eve of a holiday," said U.S. District Judge John Martin of the Dec.=
23, 1999, filing. Full Text Trial Opens in California E-Mail Threat C=
ase The Recorder A Santa Clara County, Calif., prosecutor, undaunted by on=
e judge's rejection of his Internet stalking case, set out Monday to convin=
ce a jury that a Fremont, Calif., man was tormenting a Michigan couple from=
half a continent away. The case is part of an effort by Santa Clara's High=
-Tech Crime Unit to crack down on crimes committed under cover of Internet =
anonymity. But the prosecutors may find it a tough sell. Full Text Tosc=
o Settles Over Refinery Explosion The Recorder Tosco Corp. has settled wha=
t could have been a multimillion-dollar lawsuit filed by relatives of one e=
mployee who was killed and another worker who was seriously injured during =
an explosion at Tosco's California refinery two years ago. Steven Duncan an=
d the family of Ernest Pofahl will be able to collect workers' compensation=
in addition to the settlement award. Tosco was acquired by Phillips Petrol=
eum last month. Full Text Employee Awarded $150,000 After Co-Worker Fals=
ely Accuses Him of Rape The Legal Intelligencer In a case that turned the =
tables on sexual harassment, a Philadelphia jury awarded $150,000 to a man =
who said his employer invaded his privacy by subjecting him to an embarrass=
ing, police-style interrogation after he had an innocent, romantic tryst wi=
th a female co-worker that she had reported to management as a rape. The ju=
ry also found the woman had defamed the man by making false accusations. Fu=
ll Text For Troubled Teen, There's No Escape Legal Times He's the prod=
uct of three generations of retardation, mental illness, and physical and s=
exual abuse. According to prosecutors, the teen-age boy is also a dangerous=
criminal. A recently released opinion from a Washington, D.C., Superior Co=
urt judge about the boy offers a seldom-seen view into a high-profile juven=
ile case, and the unsettling history of the defendant's childhood and ascen=
t to violent crime. Full Text ADVERTISEMENT Free Monitor with the purch=
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lid in the US, through November 5, 2001. Limit one promotion per qualifying=
purchase. Limit 5 per customer. IPO Suits Put Dot-Coms in Dual -- and Co=
nflicting -- Roles The Recorder A class action filed by Mortgage.com again=
st Credit Suisse First Boston alleges that Mortgage.com was cheated out of =
proceeds from its initial public offering. The suit seeks relief for all co=
mpanies that Credit Suisse took public, putting scores of dot-coms in the p=
osition of being both defendants and potential plaintiffs in the hundreds o=
f related cases before U.S. District Judge Shira Scheindlin in New York. Fu=
ll Text [IMAGE] A Matter of Faith Corporate Counsel After September's=
terrorist attacks, travel giant Cendant Corp. saw its stock plunge. Just a=
s he did in 1998 when Cendant was embroiled in one of the biggest back-offi=
ce frauds in U.S. history, general counsel James Buckman turned to his reli=
gious faith for support. For Buckman -- a devout Catholic and committed cap=
italist -- saving Cendant is a moral obligation. Visit In-House Counsel =
ADVERTISEMENT FREE Acrobat Legal Solutions CD! Beat your court filing d=
eadlines. Acrobat 5.0 makes it easy to create Adobe PDF files for e-filing,=
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001, and get the FREE Acrobat Legal Solutions CD, a valuable resource that=
includes a step-by-step demonstration on how to create and assemble docume=
nts for e-filing. Click here . Sick Building Woes The National Law Jour=
nal A former partner in the Denver office of Los Angeles' Gibson, Dunn & Cr=
utcher who gave up her practice in 1995 because she became sick when expose=
d to the firm's office building has won a $1 million verdict against a disa=
bility insurer that denied her claim. Finding the insurer's denial of benef=
its arbitrary and capricious, a federal judge said the insurer disregarded =
key evidence supporting Pamela Ray's claim. Full Text Pass/Fail Delawa=
re Law Weekly Jeffrey R. Waxman, a recent hire at Wilmington, Del.'s Klett =
Rooney Lieber & Schorling, managed to experience the anguish of failing the=
Delaware bar examination and the euphoria of passing it -- all within two =
days. Waxman had his results checked via the wrong secret number, and found=
he'd failed. But when the results were listed by name, he was on the pass =
list. Nerve-wracking, to be sure -- but all's well that ends well. Full Tex=
t [IMAGE] 'Initial Interest' Confusion Actionable in Trademark Case T=
he Legal Intelligencer For the first time, the 3rd U.S. Circuit Court of Ap=
peals held that "initial interest" confusion is actionable in a trademark i=
nfringement suit. However, victory on that legal issue was not enough for C=
heckpoint Systems, a marketer of shoplifter security systems, because the c=
ourt went on to find that the minimal evidence of initial interest confusio=
n was not enough to establish any "likelihood of confusion." Full Text Vis=
it the IP Law Practice Center ADVERTISEMENT RealLegal DepoStream? Real=
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