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Supreme Court limits warrantless vehicle searches
Legal News | 2009/04/22 16:33
The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.


The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect.

Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence of a crime will be found.

"When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant," Stevens said.

Justice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the court first authorized warrantless searches immediately following an arrest.

"There are cases in which it is unclear whether an arrestee could retrieve a weapon or evidence," Alito said.



Munger, Tolles & Olson Retains Clearwell to lower costs
Legal News | 2009/02/23 17:59
Clearwell Systems, Inc., a leader in intelligent e-discovery, today announced that Munger, Tolles & Olson, LLP (MTO), a California-based 2008 AMLAW 200 Law Firm, has deployed the Clearwell E-Discovery Platform to help lower e-discovery costs and more rapidly respond to litigation and governmental document requests.

The current financial downturn has spurred a flood of new investigations, surpassing the total number of cases filed from the savings and loan crisis over the last two decades. Affected enterprises and executives face lawsuits and inquiries from investors, financial regulators and the government that require extremely fast responses that drain resources and drive up the cost of e-discovery. Clearwell's rapid processing and analysis of case documents can help clients and law firms respond more cost-effectively to e-discovery requests under extremely tight deadlines. Furthermore, Clearwell's Transparent Search and advanced cull-down features help ensure that only the relevant data is produced and the process is defensible, thus mitigating legal risks.

"Responding successfully to time-sensitive litigation and governmental document requests requires efficient and cost-effective e-discovery processes that maintain accuracy and defensibility, even under tight timelines," said Ron Best, director of legal information systems at MTO. "The Clearwell E-Discovery Platform allows us to more quickly index, search, analyze, and cull-down case data in a product with very robust and transparent tracking and audit capabilities."

"As enterprises navigate through the current financial crisis, many are being hit two-fold with the burden of e-discovery requests from increased litigation and investigations," said Aaref Hilaly, president and CEO at Clearwell Systems. "In order to defensibly respond to these e-discovery requests, enterprises and law firms are seeking products that provide a level of transparency not available with traditional 'black-box' technologies."

About Clearwell Systems

Clearwell Systems is transforming the way enterprises perform electronic discovery in response to litigation, regulatory inquiries, and corporate investigations. By automating the processing, analysis and review of electronically stored information, Clearwell enables enterprises to accelerate early case assessments, lower processing costs, reduce review workload, and gain control of electronic discovery. Clearwell received the highest ranking of 'Strong Positive' in Gartner, Inc.'s, 2008 MarketScope for E-Discovery Software Product Vendors, and was ranked a Top 5 E-Discovery Software Provider Overall in the 2008 Socha-Gelbmann Electronic Discovery Survey. For more information, visit www.clearwellsystems.com or read the E-discovery 2.0 blog at: http://www.clearwellsystems.com/e-discovery-blog/.


Sidley Austin Receives Commitment to Justice Award
Legal News | 2009/02/05 17:29
Sidley Austin LLP is a proud recipient of a 2009 Commitment to Justice Award given by inMotion, Inc., a leading non-profit legal service provider that helps indigent and working poor women who need divorces, orders of protection and assistance with other family law matters, including spousal/child support, custody and visitation. The ceremony, on February 3, 2009, honored the lawyers of the Sidley Austin LLP Externship Program 2004-2009 with a special Legal Team Award.
"We are deeply honored to receive this award from inMotion," said Joseph Armbrust, co-managing partner of Sidley's New York office. "Sidley prides itself on its strong commitment to pro bono representation and involvement in the community and our partnership with inMotion has been extremely important to the firm."
Since 2004, the firm's New York office has sponsored an innovative full-time externship program with inMotion. The program is open to all Sidley associates who have an interest in family justice. Each Sidley extern works at inMotion's offices in New York City for a three- to four-month period on a rotating basis and receives extensive training from inMotion. The externs litigate family law and contested divorce cases for women throughout New York City in need of legal assistance, especially those with complicated and demanding cases.
Sidley has a long-standing relationship with inMotion and has taken many of its pro bono referrals, as well as serving as one of its corporate partners. In 2003, Sidley received a Commitment to Justice Award for the firm's commitment to the ideal of access to justice for all individuals.
Sidley has a long tradition of providing pro bono services to individuals and organizations in the U.S. and around the world. Sidley's Pro Bono Policy encourages all lawyers to devote time to pro bono legal matters, including assistance to the poor and to charitable, community and other organizations that serve people who are indigent and unable to afford legal representation. In 2007, over 1,000 Sidley lawyers devoted more than 110,000 hours to pro bono matters. In 2008, Sidley was named as one of four recipients of The National Law Journal's Pro Bono Awards, given in recognition of its Veterans Benefits Project. The firm was recognized by NLJ in 2007 for its firmwide Capital Litigation Project and political asylum program. Sidley was also one of five recipients of the American Bar Association's 2007 Pro Bono Publico Awards.
For more information regarding inMotion's Commitment to Justice Awards, please visit: http://www.inmotiononline.org/content/view/211/261/lang,en/
Sidley Austin LLP is one of the world's largest full-service law firms, with more than 1800 lawyers practicing in 16 U.S. and international cities, including Beijing, Brussels, Frankfurt, Geneva, Hong Kong, London, Shanghai, Singapore, Sydney and Tokyo. Every year since 2003, Sidley has been named to Legal Business' Global Elite, its designation for the 18 firms "that define the pinnacle of the legal profession." BTI, a Boston-based consulting and research firm, has named Sidley to their Client Service Hall of Fame as one of only two law firms to rank in the Client Service Top 10 for seven years in a row, and to the BTI Power Elite as one of only seven law firms demonstrating the best client relationships for the fourth consecutive year.
For purposes of the New York State Bar rules, this press release may be considered Attorney Advertising and the headquarters of the firm are Sidley Austin LLP 787 Seventh Avenue, New York, NY 10019, 212.839.5300 and Sidley Austin LLP One South Dearborn, Chicago, IL 60603, 312.853.7000. Prior results described herein do not guarantee a similar outcome.


Court: No obligation for company to give teen drug
Legal News | 2008/12/17 17:15
A pharmaceutical company does not have to provide an experimental drug to a Minnesota teen who is terminally ill with a rare form of muscular dystrophy, a federal appeals court ruled Tuesday in reversing a lower court decision.

The ruling by the U.S. Court of Appeals for the Third Circuit in Philadelphia was a blow to 17-year-old Jacob Gunvalson, who suffers from Duchenne muscular dystrophy.

The court ruled that U.S. District Judge William J. Martini in Newark erred in his August ruling that PTC Therapeutics of South Plainfield, N.J., must provide the drug to Gunvalson. That decision had been stayed pending the company's appeal.

"I just think it's really unfair that these drug companies get all these benefits from the federal government," said Jacob's mother, Cheri Gunvalson. "And then they're allowing boys to fall through the cracks and die." She said she would not give up her fight but didn't know what the next step would be.

In its ruling, the appeals court said it was "sympathetic to the plight of Jacob and his family," but that the lower court "abused its discretion" in ordering PTC to supply the drug to Gunvalson.

The Gunvalsons, who live in Gonvick, Minn., maintained that the company led them to believe that Jacob could participate in a clinical trial of the drug, which is being investigated as a possible treatment — and that the company then went back on its word.



NJ Sen. Lautenberg among potential fraud victims
Legal News | 2008/12/15 17:03
New Jersey U.S. Sen. Frank Lautenberg is on the growing list of potential victims of what prosecutors are calling a multibillion-dollar Ponzi scheme run by New York money manager Bernard Madoff.

Lautenberg spokesman Scott Mulhauser says the senator was an investor in Madoff's investment fund — primarily in the form of the Lautenberg family's charitable foundation.

The 70-year-old Madoff was arrested Thursday in what prosecutors say was a $50 billion scheme by the Wall Street veteran to defraud investors.

Lautenberg is among a growing roster of potential victims. Those who have acknowledged potential losses so far include former Philadelphia Eagles owner Norman Braman, New York Mets owner Fred Wilpon and J. Ezra Merkin, the chairman of GMAC Financial Services, among others.



Court revives Ariz. tribes lawsuit over research
Legal News | 2008/12/02 02:48
An Arizona appeals court panel ruled Friday that the Havasupai Indian tribe can proceed with a lawsuit that claims university researchers misused blood samples taken from tribal members.

Overturning a judge's 2007 dismissal of the case, a split Arizona Court of Appeals panel said the Havasupai and other plaintiffs had provided enough information to go to trial or at least enough to go forward in trial court pending further proceedings.

The northern Arizona tribe, whose isolated village lies deep in a gorge off the Grand Canyon, claims Arizona State University and University of Arizona researchers misused blood samples taken from more than 200 tribal members for diabetes research in the 1990s by also using it for research into schizophrenia, inbreeding and ancient population migration.

The tribe claims the additional research was conducted without its permission and constituted an invasion of privacy. As a result, the tribe says, some members now fear seeking medical attention.

Attorneys for the university system and individual researchers have argued that tribal members supplied the blood samples voluntarily and that there is legitimate public interest in data that can advance disease research.



Anti-gay-marriage groups look for Ariz. redemption
Legal News | 2008/10/30 16:43
Arizona has been a disappointment to anti-gay marriage activists since 2006, when the state became the first in the nation to reject a ballot measure banning same-sex marriage.

Those same opponents are hoping for redemption Tuesday, when Arizona voters again will have to decide whether they want the state's constitution to be amended to define marriage as a union between one man and one woman.

"It actually helped us out having it fail the first time because it allowed us to raise more money," said state Sen. Ron Gould, a Republican and prime sponsor of this year's measure, which was put on the ballot by the Legislature. "It just motivates people to put the remote down, get out of the La-Z-Boy and do something."

Twenty-seven states have approved anti-gay marriage ballot measures, including seven in 2006. Similar measures are being considered in California and Florida this year.

Although Arizona voters turned down the 2006 measure, there is a big difference between that one and this year's measure, Proposition 102.



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