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PW: bnaweb22 -----Original Message----- From: "BNA Highlights" <bhighlig@bna.com<@ENRON Sent: Monday, November 26, 2001 11:32 PM To: BNA Highlights Subject: Nov. 27 -- U.S. Law Week's Legal News ______________________________ THE U.S. LAW WEEK'S LEGAL NEWS Highlights & Table of Contents November 27, 2001 ______________________________ ISSN 1522-4317 Registered Web subscribers can access the full text of these articles by using the URL link supplied. Information about becoming a subscriber or signing up for a FREE Web trial is available at http://web.bna.com or call BNA Customer Relations at 1-800-372-1033, Mon. - Fri. 8:30 am - 7:00 pm (ET). __________ HIGHLIGHTS __________ THIRD CIRCUIT TASK FORCE URGES ONLY LIMITED USE OF AUCTIONS TO PICK CLASS COUNSEL; JUDGES CRITICAL OF REPORT'S NEGATIVITY Judicially controlled auctions for the selection of counsel in class actions should be used only in "certain limited circumstances," according to a draft report issued by the Third Circuit Task Force on Selection of Class Counsel. An auction might be appropriate for a case in which the defendant's liability appears clear, damages appear to be both very large and collectible, and the lead plaintiff is not a sophisticated litigant that has already retained counsel of its choice through a reasonable, arm's-length process, the task force suggests. Several judges criticize the report as being too hostile toward the innovative idea of competitive bidding for selecting class counsel. The judges, participating in a panel discussion at the 2001 Third Circuit Judicial Conference, say the report is "too restrictive." For instance, the task force should encourage more experimentation with the process of setting fees at the outset of litigation rather than waiting until the end, one judge suggests. But others, who agree with the tenor of the report, say bidding is overrated as a means of keeping counsel fees reasonable. . . . Page s 2326, . . . Page 2318 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y4v7f3_ http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y5h8x8_ NEW YORK BAR PROPOSES AMENDING ABA MODEL RULES TO ALLOW CAREFULLY REGULATED MULTIDISCIPLINARY ALLIANCES The New York State Bar Association files a proposal with the American Bar Association recommending amendment of the Model Rules of Professional Conduct to allow limited and carefully regulated "contractual relationships" and other affiliations between lawyers and nonlawyers who want to offer their clients integrated multidisciplinary services. Foremost among the safeguards being advocated by the New York bar are measures that would prohibit nonlawyers from holding any ownership or managerial interest in law firms; sharing legal fees with lawyers; directing or regulating the professional judgment of lawyers; or compromising in any other way a lawyer's duty to safeguard client interests. The proposal is patterned on recent amendments to the New York Code of Professional Responsibility allowing such affiliations. . . . Page 2315 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y7t2u6_ INS ADOPTS INTERIM PROCEDURES FOR ADJUDICATING CASES OF UNREMOVABLE ALIENS SEEKING RELEASE FROM DETENTION The Immigration and Naturalization Service issues an interim rule governing detention of aliens who are subject to final orders of removal but cannot likely be removed in the foreseeable future because no country will accept them. The rule responds to the U.S. Supreme Court's recent "Zadvydas" decision, which held that, absent special circumstances, the attorney general lacks authority to detain such aliens indefinitely. The rule specifies procedures for aliens who have been detained beyond the statutory 90-day removal period to demonstrate that their removal is unlikely in the reasonably foreseeable future. Aliens seeking relief must make a threshold showing that they have cooperated with the INS's efforts to effect their removal. Aliens who prevail on such claims must be released, subject to conditions of supervision, unless "special circumstances" would render release dangerous. . . . Page 2321 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y5e1v0_ _____________ IN THIS ISSUE _____________ A complete topical index of Legal News. ATTORNEYS: The ABA ethic's committee says it is not unethical for a former in-house corporate counsel to pursue a wrongful discharge action against her ex-employer so long as the lawyer does not reveal more client information than reasonably necessary to establish the claim. . . . Page 2315 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4x5z9h9_ ATTORNEYS: The New York bar proposes amending the ABA Model Rules to allow regulated multidisciplinary alliances. . . . Page 2315 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y7t2u6_ BANKING: The Treasury Department issues interim guidelines to help financial institutions comply with provisions of the new money laundering law relating to correspondent bank accounts that take effect next month. . . . Page 2317 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y7t2j0_ BANKRUPTCY: Congress may, separately from long-pending comprehensive bankruptcy reform legislation, address banks' use of financial derivatives, as well the possible permanent extension of Chapter 12 of the Bankruptcy Code. . . . Page 2317 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y7t2f5_ CIVIL PROCEDURE: The Third Circuit Task Force on Selection of Class Counsel issues a draft report suggesting only limited use of auctions to pick class counsel. . . . Page 2326 But several judges say the report reflects an overly adverse view of competitive bidding as a selection tool. . . . Page 2318 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y4v7f3_ http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y5h8x8_ EMPLOYEE BENEFITS: The House passes legislation to allow financial institutions that administer qualified employer-sponsored defined contribution retirement plans to provide investment advice to plan participants without employers being liable for specific advice. . . . Page 2319 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y4u2y5_ EMPLOYMENT DISCRIMINATION: The Equal Employment Opportunity Commission advises its district directors to continue processing and investigating disability discrimination charges against state government employers, despite a U.S. Supreme Court ruling that individuals can no longer sue those employers for monetary relief under the Americans with Disabilities Act. . . . Page 2320 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y6r9m0_ IMMIGRATION: The Immigration and Naturalization Service issues an interim rule establishing procedures for adjudicating the release of aliens who are subject to final orders of removal but cannot likely be removed in the foreseeable future because no country will accept them. . . . Page 2321 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y5e1v0_ JUDGES: Legal professionals attending a national symposium on the reform of judicial elections say the election process is becoming "nastier, noisier and costlier," but that the options for reforming the election process carry their own problems and may not even be constitutional. . . . Page 2322 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y3d6a0_ OCCUPATIONAL SAFETY: The Occupational Safety and Health Administration reaches an agreement with the National Association of Manufacturers that will settle NAM's lawsuit over the safety agency's revised recordkeeping rule. Under the agreement, OSHA, during the first 120 days the regulation is in effect, will refrain from enforcing the regulation and instead focus on compliance assistance. . . . Page 2323 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y6q2f4_ OCCUPATIONAL SAFETY: The Department of Labor issues guidelines for employers to use when responding to anthrax exposure. The guidance document, which creates no new requirements, is intended to help employers determine appropriate equipment and work practices. . . . Page 2323 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y5t1w7_ SECURITIES: An American Bar Association task force will submit to the Securities and Exchange Commission a letter recommending significant changes to the controversial Regulation FD, the fair disclosure rule requiring public companies, in disclosing material information, to announce such information to the public at large rather than to select groups, such as analysts. . . . Page 2324 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y7a7k7_ TAXATION: The Senate votes to extend the Internet tax moratorium by two years, but declines to address online sales tax concerns, leaving it up to the states to develop a more streamlined system for the collection and distribution of sales and uses taxes stemming from online sales. The legislation, already approved by the House, will almost certainly be signed by the president. . . . Page 2324 http://pubs.bna.com/ip/BNA/law2.nsf/id/a0a4y7a7p8_ ___________________________________________________________ The U.S. Law Week (ISSN 1522-4317) BNA's Highlights are published weekly by The Bureau of National Affairs, Inc., 1231 25th St., N.W., Washington, DC 20037. For Customer Service including subscriptions and address changes, call 1-800-372-1033. For retransmission of the Highlights, more information or to order full text of summarized stories, call BNA PLUS at 1-800-452-7773 (202-452-4323 in DC), FAX # 202-822-8092, Internet:bnaplus@bna.com. Copyright © 2001 by The Bureau of National Affairs, Inc. Washington, D.C. 20037. Use of this service is subject to the terms and conditions of the license agreement with BNA. Unauthorized access or distribution is prohibited.
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