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Patent Troll Legislation Passes House

The Hosue of Representatives passed bipartisan legislation to curb so-called patent trolls, The Legal Times' blog reports. The legislation, if enacted, would change intellectual property law "with provisions to strengthen pleading requirements, require the litigation's loser to pay for high-cost patent fights and create new rules about discovery," BLT further reports.

The Senate is expected to make its own changes to patent legislation, BLT also reports.

Patent trolls have become an increasing issue in recent years in which business entitites buy larges troves of patents and then assert them to make money by threatening lawsuits.

If you want a fascinating primer on the issue of patent trolls, then listen to the episode This American Life program did about patent trolls.

 

 

PA Considers Changing Selection Method of Judges

The Pittsburgh Tribune-Review reports on legislation that would change how judges are selected in Pennsylvania. Judges are "not like other politicians, who knock on doors for votes, run races with more media coverage and compile easily-digestible records of their votes," and many voters do not know about judicial candidates in any great depth, the paper reports.

"Proponents of the change, including former U.S. Supreme Court Justice Sandra Day O'Connor, say judges' jobs shouldn't depend on fundraising prowess and popularity," the paper further reports.

Connecticut, Louisiana, South Dakota and Delaware Only Four States Without Drone Laws

Drones are and up-and-coming technology as evidenced by Amazon's plan to use drones to deliver orders. While the Federal Aviation Administration has not started regulating drones yet, states have started regulating them, according to The Hartford Courtant. But The Courant reports that Connecticut and three other states are the only ones in the country with laws that are completely silent on drones.

Illinois Becomes 16th State to Authorize Same-Sex Marriage

Illinois has become the 16th state in the country--and the largest state in America's heartland-- to authorize same-sex matrimoney, according to the Associated Press. Governor Pat Quinn signed the legislation on a desk once used by President Abraham Lincoln and at a ceremony attended by an estimated 2,300, the AP reported. The law goes into effect June 1.

Legislation Would Expand Electronic Health Record Incentives to Behavioral Health Care Providers

Legislation introduced in the U.S. Senate (and which mirrors legislation introduced in the House of Representatives) would expand the federal incentives for the adoption of electronic health records to "psychiatric hospitals, substance abuse facilities and psychologists," according to FierceEMR. Senator Rob Portman, R-Ohio's bill also would ensure that electronic health records are not medical devices to be regulated under the Food, Drugs and Cosmetics Act and limit electronic discovery of electronic health records, the web site also reported.

Aloha to Same-Sex Marriage in Hawaii After Governor Signs Bill; Court Challenge Already Pending

Hawaii became the 15th state to authorize same-sex marriage with Governor Neil Abercrombie's signature on the legislation, the Los Angeles Times reports. When the bill was in the House, "deliberations lasted for several days and included a committee hearing in which 5,000 people signed up to testify for more than 50 hours, followed by hours of debate on the House floor on nearly 30 proposed amendments."

A court challenge to the same-sex marriage law is already pending. The argument is that legislatively authorizing same-sex nuptials violates a Hawaii constitutional amendment against same-sex marriage. However, Hawaii's attorney general concluded the constitutional amendment authorized legislators to ban same-sex matrimony, but that's a step they didn't take, The LA Times also reported.

City Councilman pushes back on proposed Office of Conflict Counsel

Submitted by Amaris Elliott-Engel on Wed, 11/13/2013 - 17:36

(Cross-posted from Philadelphia City Paper: http://citypaper.net/article.php?City-Councilman-pushes-back-on-proposed-Office-of-Conflict-Counsel-16885)

A City Councilman is pushing back on a plan by Mayor Nutter's administration to change how court-appointed lawyers are provided to poor Philadelphians through a new Office of Conflict Counsel.

Councilman Dennis O'Brien said in an interview today that he was planning to introduce two pieces of legislation that would provide better accountability for the proposed office. Unlike some other city contracts, O'Brien said, legal services for the poor involve Constitutional rights.

"This model does not guarantee that Constitutional rights are protected," the councilman said. "That is our mission, and we are committed to it."

The city is contemplating contracting with an ex-prosecutor who would set up a new private law firm to handle the legal representation of Philadelphians involved in family-court cases or in criminal cases when the Defender Association of Philadelphia, Community Legal Services or the Support Center for Child Advocates is already representing another person in the case.

One of O'Brien's proposed bills would require the appointment of a quality-control auditor to ensure the legal representation "is living up to national ABA [American Bar Association] standards," an O'Brien aide, Miriam Enriquez, said in a joint interview. According to the draft ordinance, the auditor would be independent of the law firm, have been practicing law for at least seven years, and an expert in indigent defense. The managing director, who works for the mayor, would nominate the quality control auditor.

The ordinance also would require a detailed audit of the allocation of city taxpayers' dollars to the law firm and how the money was spent. Disclosure of the "job titles, job descriptions, resumes and performance reviews of all owners, employees and any other person that has a financial stake in the contract" would also be required, according to the draft legislation.

A second bill would ask Philadelphia voters to approve a change to the Philadelphia Home Rule Charter (once approved by City Council) next May. If enacted, the charter amendment would require City Council approval of every contract involving the expenditure of $100,000 or more on legal representation for poor Philadelphians. Currently, contracts that are for less than one year, at any amount, don't need City Council approval.

Mark McDonald, Nutter's press secretary, declined to comment because the legislation has not yet been introduced.

O'Brien's chief of staff, Matthew Braden, said that the legislation was being introduced because Nutter and his chief of staff, Everett Gillison, did not seem willing to alter course on the conflict counsel contract after a meeting with O'Brien and his aides last month

The meeting was held after City Council convened a hearing in October on the plan to go to the new model

 

 

After House Passage, Same-Sex Marriage Expected to Pass in Hawaii Senate Too

The Associated Press reported: "The head of Hawaii's Senate judiciary committee said Saturday he expects an amended bill legalizing gay marriage to pass easily in the Senate next week, with no changes to the measure passed by the House Friday night after two grueling floor sessions and a lengthy public hearing." The legislation would allow same-sex weddings to begin on Dec. 2 in Hawaii, the AP also reported.

 

Should Settlements Like JPMorgan's $13 Billion Payout No Longer Be Tax Deductible?

We all like tax deductions (mortgage interest deduction, anyone?). Even though JPMorgan Chase has agreed to pay $13 billion to the Justice Department, corporate leaders also probably like the fact that they can claim a tax deduction on part of that settlement as an ordinary business expense. The Washington Post reports on the introduction of a Senate bill and a House of Representatives bill that would change "part of the law that lets companies receive tax deductions on payments made to resolve allegations of illegal conduct." Currently, companies cannot deduct portions of accords that are penalties or fines for violating the law, but  governmental "agencies, however, rarely spell out whether the entire monetary figure should be regarded as punitive."

 

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