Professional & Knowledgable Law Team

Thursday, September 29, 2011

India Considers Opening Its Doors to U.K. Law Firms.




For law firms with global ambitions, India has long held promise as a potentially growing and lucrative market for legal services. Many firms have developed robust India practices, representing Western companies doing business in the country or Indian companies in their business dealings abroad.
But one sizable roadblock stands in the way of U.S. and U.K. firms: Indian law restricts foreign firms from opening offices in the country.
Indian attorneys have even sued U.S. and U.K. firms in the past, contending that the firms have violated Indian trade regulations by practicing law in India.
There are signs, however, that India is considering opening its doors at least partially to foreign firms.
India’s Law Minister Salman Khurshid and the U.K.’s Secretary of State for Justice Kenneth Clarke recently agreed to begin work on an arrangement in which India would allow entry to U.K. law firms and the U.K., in turn, would open its doors to Indian firms, the Hindustan Times reports. (It’s unclear whether U.S. firms would be invited to the party.)
“We understand the UK firms want to open offices in India for non-litigation purposes — mainly drafting of business contracts, deeds, agreements and other similar works,” said Ashok Parija, the chairman of the Indian body that regulates the legal profession. “We will negotiate with our UK counterparts to work out a principle of reciprocity, which will benefit both sides.”
Here’s another article on the development from the Economic Times, which reports that Khurshid recently assured the UK’s Clarke that the Indian government would move quickly to address U.K. firms’ desires to open offices in the country.
Still, the Economic Times reports, many Indian lawyers fear the competitive threat posed by foreign firms and remain opposed to lowering India’s barriers to entry.

Welcoming the Newest Top-10 Law Firm Ranking of US

Like many a competitive soul, we at the Law Blog love rankings. There’s hardly a top-10 list we don’t like. (Click here, here and here for other recent posts extolling law-related rankings.)
So, we are more than a bit jazzed to learn about a new ranking of the Top 10 Law Firm Summer Associate Programs, courtesy of the folks at Vault.com.
Between February and April, Vault surveyed about 16,000 law firm associates from 166 law firms across the country, asking them such questions as which firms offered the best work experience, which provided the most realistic view of what it would be like to work at the firm, and which programs were the most fun.
The winners?
1.  Fish & Richardson
2.  Baker & Hostetler
3.  Cravath, Swaine & Moore
4.  Williams & Connolly
5.  Arent Fox
6.  Baker & McKenzie
7.  Dewey & LeBoeuf / Ropes & Gray (tie)
8.  Sheppard Mullin Richter & Hampton
9.  Chadbourne & Parke
10. Venable
As you can tell, there are actually 11 firms in the “top-10,”.
Vault also released a separate top-5 ranking of the firms that offered summer associates the most fun. Vault’s fun firms are:
1. Ropes & Gray 2. Weil, Gotshal & Manges 3. Alston & Bird 4. Finnegan, Henderson, Farabow, Garrett & Dunner 5. Schulte Roth & Zabel

A US Legal Doctrine That Worries Pharma Defense Lawyers

Three recent cases where U.S. officials revived the so-called “responsible corporate officer doctrine” to try to hold executives personally and criminally responsible for corporate violations of U.S. food and drug laws. See here for a link.
This doctrine lets prosecutors go after executives for misdemeanor violations of the Food, Drug, and Cosmetic Act, even if the executives weren’t aware of violations. That’s a lower standard than for other industries — because of the potential for health-care and food products to cause death and injury.
Such prosecutions trouble executives and lawyers in the health sector because the U.S. Department of Health and Human Services has sometimes sought to exclude convicted executives from future participation in Medicare and Medicaid, which can be a career-ending punishment.
There’s an interesting appeal now underway on the fairness of this very issue.
A U.S. District Court in Washington in December affirmed a federal health-care program exclusion of three Purdue Frederick Co. executives who had earlier pled guilty to misdemeanor violations of the food and drug laws associated with the misbranding of the drug OxyContin. The Justice Department didn’t allege that the three officers participated in or were even aware of the misbranding, but rather that they were “responsible” corporate officers at the time the conduct occurred.
Their exclusions have been appealed to the D.C. Circuit Court of Appeals by highly regarded appellate lawyer Carter G. Phillips of Sidley Austin LLP. Phillips told Law Blog Tuesday afternoon that he is representing all three executives.
In their appeal, the executives contend that the exclusions are unlawful. They also argue that the 12-year period of exclusion is three times longer than the longest period the agency has previously imposed for misdemeanors. That includes misdemeanors where there was allegedly knowing and willful misconduct.
The Association of Corporate Counsel, a bar association for in-house lawyers, has filed an amicus brief, arguing that the exclusion of Purdue Frederick Co.’s former general counsel misconstrues the role of an in-house lawyer.
“This imputation of liability on an in-house attorney for a client’s misconduct ignores the traditional boundaries of the attorney-client relationship, threatens to undermine the ability of in-house lawyers to deliver unvarnished advice to their clients and raises significant due process concerns,” it says.
The U.S. brief is due Monday.

Judge Partially Rejects Challenge to Alabama Immigration Law.

Breaking: A federal judge today partially rejected the federal government’s request to block Alabama’s strict new immigration law.
At issue is a law considered the nation’s toughest on illegal immigrants. It makes it a crime in Alabama for an illegal resident to apply for a job; it requires public schools to check the immigration status of students, and it authorizes state police in certain instances to verify the immigration status of people detained or arrested.
The Justice Department filed suit, claiming the law is unconstitutional on the grounds it allegedly usurps federal authority over immigration.
U.S. District Judge Sharon Blackburn of Alabama upheld key sections of the Alabama law concluding that they are not preempted by federal law.
Blackburn let stand the provisions authorizing local police to inquire about detainees’ immigration status and requiring public schools to verify students’ immigration status. (Click here to read the judge’s ruling.)
But the judge did enjoin other sections of the law, ruling that “there is a substantial likelihood” that the Justice Department can establish that the sections are preempted by federal law.
Blackburn, for example, blocked regulations that make it a crime for illegal residents to apply for a job and that make it unlawful for people to “conceal, harbor or shield” an illegal resident.
The Law Blog has sought comment from the Department of Justice and Alabama Governor’s Office.
Omar Jadwat, an attorney with the ACLU Immigrants’ Rights Project, which has also challenged the Alabama law in court, called today’s ruling a mixed bag.  The judge let stand sections of the Alabama law “that are of serious concern, and the enforcement of those sections would lead to widespread civil rights violations,” Jadwat said. “It is positive that she has enjoined some of the sections” of the law.
(Here’s a recent WSJ article on the case and click here for Law Blog background on the dispute)
Update: A Justice Department spokesperson said that DOJ is reviewing the ruling to determine its next steps. “We will continue to evaluate state immigration-related laws and will not hesitate to bring suit if, in fact, a state creates its own immigration policy or enforces state laws in a manner that interferes with federal immigration law,” the spokesperson said.
Alabama governor Robert Bentley has released a statement calling the judge’s ruling a “victory for Alabama.”
“If the federal government had done its job by enforcing its own immigration laws, there would be no need for Alabama – or other states – to pass a law such as this.  Unfortunately, they have failed to do their job,” the governor said.
“The judge temporarily enjoined four parts of the law, but this fight is just beginning. I am optimistic that this law will be completely upheld, and I remain committed to seeing this law fully implemented.  I will continue to fight at every turn to defend this law against any and all challenges.”

Female Driver Sentenced to Lashing.

Clearly, the Saudi Arabian ban on women drivers that we mentioned yesterday is still very much in force.
Less than 48 hours after Saudi King Abdullah announced that women would be able to vote in local elections, a court in Jeddah sentenced a woman to 10 lashes for allegedly defying the Kingdom’s ban on female drivers, according to this item in WSJ’s “Driver’s Seat” blog.
Two other women, who are part of a new campaign called “My Right2Dignity Initiative”, were also summoned for questioning and will stand trial, joining a number of other women currently on trial for driving, according to the blog report by Dow Jones reporter Summer Said.
“What is happening to our women today is unfortunate and violates the rule of law and legal rights and is contrary to the reformist direction that was launched by the Custodian of the two holy mosques (the Saudi king),” My Right2Dignity Initiative said in a statement.
“Belatedly allowing women to vote in council elections is all well and good, but if they are still going to face being flogged for trying to exercise their right to freedom of movement then the King’s much-trumpeted ‘reforms’ actually amount to very little,” added Philip Luther, of Amnesty International.

Supreme Court Agrees to Tackle Major Immigration Topic

The Supreme Court yesterday agreed to hear two cases that deal with the extent to which the U.S. can deport illegal immigrants whose parents are residents of the U.S.
Immigrants who have been in the country consecutively for seven years are authorized by law to seek to block their deportation. The question is whether a parent’s length of residency can be imputed to their children who are brought to the country at a young age.
The two cases, which have been consolidated into a single appeal, have echoes of a topic heavily debated among Republican presidential contenders: whether states should bestow leniency on children who came to the country illegally through no fault of their own.
(Here’s an LA Times article previewing the Supreme Court cases and one from the New York Times. Also click here and here for more background on the cases from SCOTUSblog)
Some courts have blocked deportation orders for illegal immigrants because their parents had gained permanent-residence status and lived in the United States for more than seven years, the LA Times reports, adding that the 9th Circuit has held that a “parent’s status as a lawful permanent resident is imputed” to the “children residing with that parent.”
But the Obama Administration takes the view that the 9th Circuit wrongly decided the case and that immigrants cannot rely on a parent’s residency status as grounds for blocking deportation, according to the L.A. Times.
Lawyers for the two men facing deportation in the Supreme Court cases at issue have cited Congressional policy that favors keeping families intact, the New York Times reports.

Sydney Court to Rule in Apple-Samsung Tablet War

SYDNEY—An Australian court on Thursday will wade into the global tablet war between Samsung Electronics Co. and Apple Inc. as a judge considers barring distribution of the South Korean company's device in Australia.
A ruling in Apple's favor would follow its victory in Germany, where a court has barred Samsung from selling its Galaxy Tab 10.1 in Europe's biggest economy on the grounds that it copied Apple's iPad. An adverse ruling here would be another blow for Samsung, which is appealing the German court's ruling and faces similar challenges in the U.S., Japan, France and South Korea.

Health Overhaul Heads to Justices


The Obama administration asked the Supreme Court to decide the fate of its health-care overhaul, setting the stage for arguments at the high court and a probable ruling in the thick of the 2012 presidential campaign.

The administration's move puts an end to months of speculation about its strategy in the case. Now both sides want the Supreme Court to deliver a speedy decision, one that could affect President Barack Obama's re-election prospects.
Mr. Obama has described the law he signed in March 2010 as one of his top achievements, but it has drawn, at best, mixed results in opinion polls, and all of his potential Republican rivals have pledged to repeal it. If the Supreme Court rules by June 2012, as now appears likely, it would put health care back in the spotlight as the parties gear up for their conventions.
Some Republicans said that might help their cause, regardless of how the Supreme Court decides.

"Having this particular issue emerge right in the middle of the presidential campaign draws attention back to the fact that, while the economy was tanking, he was focusing on health care," said David Winston, a Republican pollster.
The White House said it expects to be vindicated at the Supreme Court, and compared the law to landmarks such as the Civil Rights Act that survived constitutional challenges and won widespread popular acceptance.
"We know the Affordable Care Act is constitutional. We are confident the Supreme Court will agree," said White House adviser Stephanie Cutter.
While the likely mid-campaign timing of the decision may not be ideal for the White House, any attempt to push the ruling back into 2013 would have been risky, too. Opponents of the law were already calling for a quick Supreme Court ruling, so a slow-walking strategy would have made the administration look less confident—and the Supreme Court might have chosen to take the case quickly anyway.
A decision before the 2012 presidential election also would foreclose any possibility of a Republican president declining to defend the health-care law in court.
Democrats familiar with White House thinking said Wednesday that officials concluded this case was likely to wind up before the high court in 2012 regardless, and that delaying it could push the proceedings even closer to Election Day.

"They want to get a decision as removed from the heat of politics as possible," said one person close to the White House.
This person said that while the White House is confident of winning, it is preparing for the possibility that the Supreme Court could strike down parts of the law and leave other parts intact. In that case, the Obama administration would have control over how the surviving parts are implemented.
So far, two of three federal appeals courts ruling on the law have found in the administration's favor. A third, the 11th Circuit Court in Atlanta, ruled that the law's "individual mandate"—the requirement for most Americans to carry health insurance or pay a penalty—was unconstitutional, but said the rest of the law could stand. A fourth court, in the District of Columbia, heard arguments this month.
In Wednesday's filings to the Supreme Court, both sides appealed the 11th Circuit's ruling. The Obama administration asked the high court to uphold the individual mandate along with the rest of the law, while the law's opponents said the whole law, not just the mandate, should be struck down.
The two sides agreed on one point, saying a speedy decision is desirable.
"Until this court decides the extent to which the [law] survives, the entire nation will remain mired in doubt, which imposes an enormous drag on the economy," said the National Federation of Independent Business, one of the plaintiffs in the 11th Circuit case.
"It's important to get a decision sooner rather than later," said an official at the Justice Department, which filed its appeal more than a month before it was due. An early ruling would allow the federal government to "get on with the business of implementing the law," while allowing states, businesses and individuals time to plan, the official said.
The Supreme Court isn't required to hear the case, but the request by both sides for a ruling, as well as the divided opinions by lower courts, will likely impel it to take the case in its current term, lawyers said.
Many of the law's provisions, including state-based exchanges where consumers could comparison-shop for coverage, are scheduled to take effect in 2014.

Mr. Obama's supporters hope the Supreme Court will vindicate the law, giving the president a major boost heading into the fall campaign. But that could also help energize Republicans, because the only way to overturn the law at that point would be to elect a Republican president and Congress to repeal it.
Republican pollster Bill McInturff, who co-directs the Wall Street Journal/NBC poll with Democrat Peter Hart, said any attention paid to health care is risky for Mr. Obama, particularly because those strongly opposed to the law outnumber those strongly in favor. "The public discussion has not yet ever gone well for the president or the Democrats," Mr. McInturff said.
Neera Tanden of the Center for American Progress, who worked on health care early in the Obama administration, said the campaign is more likely to focus on the economy than health care, particularly if former Massachusetts Gov. Mitt Romney, who championed the Massachusetts health law that was a model for the Obama version, is the Republican candidate. "Republicans don't want to talk about this," she said. "If they did, they would be talking about it every day."
The 11th Circuit case is the largest challenge and is led by Republican attorneys general and governors in 26 states. Challengers assert that the Affordable Care Act exceeds Congress's power to regulate interstate commerce by compelling individuals to undertake a commercial activity—purchasing health coverage—or pay a penalty.
The Justice Department's brief relies heavily on an opinion by a conservative judge, Jeffrey Sutton of the Sixth Circuit Court of Appeals in Cincinnati, who earlier this year wrote a concurring opinion upholding the insurance mandate as a reasonable way for Congress to exercise its authority over the insurance and health-care markets.
—Janet Hook and Jess Bravin contributed to this article.

New Brunswick's Ferguson is Canada's next AG

The Harper government is set to appoint New Brunswick's former auditor general, Michael Ferguson, as the country's top spending watchdog, according to a news report.

OTTAWA — The Harper government is set to appoint the country's new top spending watchdog — launching a 10-year period during which one person will assume critical responsibility for overseeing the public till.

Michael Ferguson, New Brunswick's former auditor general and a member of that province's legislative assembly, will be named the next federal auditor general, sources said Wednesday.

The Prime Minister's Office declined comment, saying an appointment will be announced in "due course."

Ferguson would replace John Wiersema, who has been the interim auditor general since Sheila Fraser left the post in May after 10 years in the job.

Ferguson didn't return calls on Wednesday.

Experts have said it will be one of the most important appointments of the Tories' first few months as a majority government.

The AG's office was established in 1878 and audits federal government departments and agencies, most Crown corporations and several other federal organizations. The office reports to the House of Commons on matters that the auditor general believes should be brought to its attention.

During her term, Fraser earned a reputation as a fearless and no-nonsense spending watchdog whose credibility was strengthened by her non-partisanship.

Political critics say the choice of her successor, with another 10-year term in the job, will speak volumes about whether Harper's Conservatives are truly interested in accountability.

A year ago, the government provided a clue of what it was seeking when it published a job notice for the position. It said the next auditor general must have "integrity, tact, and sound judgment," and be a "team player."

Moreover, it said the person must "possess a constructive approach" and have the capacity to anticipate the "implications" of their actions.

Increasingly, the role of an auditor general is central to the political system in Ottawa. Among the examples of high-profile and politically sensitive probes are audits of the Liberal sponsorship program several years ago, and more recently, the Tory government's expenditures at the G8 Summit in 2010.

Ferguson has a long history in public service and financial oversight, having served as New Brunswick's comptroller from 2000 to 2005.

He was appointed auditor general in 2005 by former Tory premier Bernard Lord's government and remained in the job until 2010, when he became deputy finance minister in the New Brunswick government, a position he still holds.

Ferguson also has a history of speaking his mind.

It was during his tenure as auditor general that he highlighted how New Brunswick's budget deficit had deep structural roots.

His reports questioned whether the government could meet its commitment to balance the books within a timeline of four years.

Ferguson was a vocal critic of the former provincial Liberal government for failing to draft a clear plan for pulling the province out of debt. He targeted former New Brunswick Liberal premier Shawn Graham (who followed Lord) for his government's proposal to sell NB Power to Hydro-Quebec to help solve the province's debt problem.

He said the plan wouldn't fix the debt crisis and was possibly counterproductive because it would eliminate a stable source of government revenue and potentially undermine the province's financial position even further.

Former New Brunswick Tory finance minister Norman Betts — who managed the province's purse strings while Ferguson was comptroller and dealt with him when he was AG — said his longtime friend would make a great auditor general because he's no government lapdog.

Betts describes Ferguson's time as AG like a "dog with a bone" that kept on digging until he got to the bottom of an item the office was investigating.

"Being popular will be the last of his concerns. His concerns will be doing a good job for the citizens of Canada," Betts said. "I don't know what the opposite of a lapdog is, but if you Google it, Mike's picture will come up."

The auditor general is appointed by the prime minister but must be approved by the House of Commons and Senate.

The government launched a "thorough national selection process" to select the next AG. Under the Auditor General Act, the government is required to consult with the leaders of all recognized parties in the House of Commons and the Senate on its nominee. The nomination is then introduced in Parliament for consideration and approval.

Election Petition Against Capt

Arguments lead to spat between lawyers in HC
Chandigarh, September 28
Arguments on the election petition against Punjab’s former Chief Minister Capt Amarinder Singh today resulted in a spat between two senior lawyers.
As the petition came up for resumed hearing before Justice Rajive Bhalla of the Punjab and Haryana High Court, heated arguments were witnessed between the petitioner’s lawyer Satya Pal Jain and Capt Amarinder Singh’s lawyer ML Saggar.
The spat had its genesis in an objection raised by Jain to repeated interruptions by Saggar during Amarinder Singh’s cross-examination.
Saggar retorted by saying Jain had not conducted any trial according to the Evidence Act. Jain took exception to the remark. Mincing no words, Jain reacted by saying: "I do not want any certificate from you. I am hurt".
The situation was defused after Justice Rajive Bhalla intervened and asked the lawyers to calm down. In a lighter vein, Jain said Amarinder Singh had a tendency to forget his supporters. The former CM quipped that the supporters were on the wrong side.
Amarinder Singh was cross-examined for nearly two hours on the petition filed by Sukhbir Badal, challenging his election to the assembly in 2007 from the Patiala city constituency.
The proceedings began a little before 2 pm. As undertaken, the former Chief Minister appeared before the court at 1.45 pm.
Though he was offered a chair, he chose to stand throughout the cross-examination. The case will come up for resumed hearing on October 3.

6 HC judges to be sworn in tomorrow

Chandigarh, September 28
The Punjab and Haryana High Court is all set to wear a new look, with Justice Mohinder Pal being transferred out and six advocates being elevated.
Available information suggests the warrants of appointment of the six advocates as the Judges of the Punjab and Haryana High Court have been signed. The designated Judges are expected to be administered oath on Friday morning.
The High Court has already received a fax message on the clearing of their names for elevation. The lawyers being elevated are RN Raina, NK Sanghi, Rameshwar Malik, TS Dhindsa, PS Dhaliwal and Gurmeet Singh Sandhawalia.
The oath is expected to be administered by Acting Chief Justice MM Kumar, as Chief Justice Ranjan Gogoi is currently on a long leave following illness.
It is also believed that Justice Mohinder Pal stands transferred out to the Gujarat High Court. He was elevated as a Judge of the Punjab and Haryana High Court on October 8, 2007. Born on December 30, 1956, Justice Mohinder Pal is a Panjab University alumnus.
This is the first time in the recent past that just one Judge has been transferred out of the Punjab and Haryana High Court. Prior to this, three judges of the Punjab and Haryana High Court were transferred out in October last. In fact, the transfer orders of Justice Ashutosh Mohunta, Justice Vinod Kumar Sharma and Justice HS Bhalla were received by the High Court on October 13, 2010.
With the elevation of the six advocates, the number of judges will go up to 48 against the current strength of 42. But it will drop to 47 after Justice Mohinder Pal joins the new place of posting.
Even after the elevation of the additional Judges, the vacancies of Judges in the High Court will continue, as their sanctioned strength is 68. The result of the shortage of Judges is there for all to see. As of now, the High Court has approximately two lakh pending cases.
The New Judges
RN Raina
NK Sanghi
Rameshwar Malik
TS Dhindsa
PS Dhaliwal
Gurmeet Singh Sandhawalia 

One held for occupation of NRI’s property

Hoshiarpur - The NRI police station, Hoshiarpur, has booked Varinder Kumar under Sections 447 and 506 of the IPC on the basis of a complaint made by Sunita Rani, an NRI.
She alleged the accused forcibly took possession of her plot.
According to the police, Sunita Rani alleged that the accused threatened to kill her when she demanded her plot to be returned to her from the accused.

Fake Immigration agents’ racket busted


Hoshiarpur, September 26
Fake travel agents have duped Rs 18 lakh from a gullible person in the name of sending his sons to a foreign country.

The Bulhowal police has booked Vishal Kumar and his brother Deepak Kumar from Batala, Ravi Kumar, his brother Sanjiv Kumar, and Rakesh Kumar under Sections 406, 420 and 120B of the IPC and Section 10 of the Immigration Act.
Surjit Singh, the victim, alleged that the aforesaid accused took
Rs 18 lakh from him with a promise to send his sons abroad. But neither did they send the boy abroad nor did they return the money.