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Interesting.  ABA doesn’t have anything to say about this?  As much as everyone makes jokes about lawyers being liars, it does seem different for a company to defend lying, and state that they can’t be punished or sued.

So, can I lie and extort money from people?  Or do I have to be a lawyer to have that privilege?

Yesterday, DGW fired back with both barrels. Barrel number one was the claim that Shirokov had no right to sue for any of this, even if his claims were all true. For one thing, Shirokov never settled, so had suffered no harm. For another, attorneys can’t be sued for lying.

Thomas Dunlap of DGW

“Although an attorney may be accused of defrauding opposing parties, knowingly committing discovery abuses, lying to the court, or purposely and maliciously defaming another individual, if it takes place during the course of litigation, the conduct simply is not actionable,” says DGW’s response. Such behavior may result in judicial sanctions, but private citizens can’t file lawsuits against opposing lawyers who are “simply doing their job.”

via “Bullies”: P2P lawyers demand sanctions against those suing them.

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A really sad story, and really shameful of Deutsche Bank.  Really? Market value for taking away the home for almost 6 years?  So you can illegally sell someone’s property, dumping it in the market, and only owe the “market value” of the property?  It was illegal, the legal system has decided it was illegal.  This is really a poor way to treat our servicemen.

Typically, banks respond quickly to public reports of errors affecting military families. But today, more than six years after the illegal foreclosure, Deutsche Bank Trust Company and its primary co-defendant, a Morgan Stanley subsidiary called Saxon Mortgage Services, are still in court disputing whether Sergeant Hurley is owed significant damages. Exhibits show that at least 100 other military mortgages are being serviced for Deutsche Bank, but it is not clear whether other service members have been affected by the policy that resulted in the Hurley foreclosure.

A spokesman for Deutsche Bank declined to comment, noting that Saxon had handled the litigation on its behalf. A spokesman for Morgan Stanley, which bought Saxon in 2006, said that Saxon had revised its policy to ensure that it complied with the law and was willing to make “reasonable accommodations” to settle disputes, “especially for our servicemen and women.” But the Hurley litigation has continued, he said, because of a “fundamental disagreement between the parties over damages.”

In court papers, lawyers for Saxon and the bank assert the sergeant is entitled to recover no more than the fair market value of his lost home. His lawyers argue that the defendants should pay much more than that — including an award of punitive damages to deter big lenders from future violations of the law. The law is called the Servicemembers Civil Relief Act, and it protects service members on active duty from many of the legal consequences of their forced absence.

via Foreclosure for Reservist on Active Duty Prompts 4-Year Legal Battle – NYTimes.com.

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Noteworthy from Lifehacker.  Personally, I’ve dispensed any illusion of privacy on a company email a long time ago.  That said, it doesn’t seem to apply to attorney-client privilege, according to California appellate court.

There are many, many reasons not to use your work email address for anything remotely personal. Here’s one more: a California appellate court has ruled that even attorney-client confidentiality doesn’t apply when the email is on company servers.

via Your Employer Can Read Your Work Emails, Even to Your Lawyer.

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“We’re on Sarah Palin’s targeted list,” Ms. Giffords said last March. “But the thing is the way that she has it depicted has the cross hairs of a gun sight over our district. When people do that, they’ve got to realize there’s consequences to that.”

via Bloodshed Puts New Focus on Vitriol in Politics – NYTimes.com.

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I’m honestly finding television harder and harder to watch.  Still, even on CNN nobody bothers to argue over the claim that Americans have “overwhelmingly rejected” the bill.  It seems that unsubstantiated claims are just the norm.

In the later phase of the health care debate, the argument most often heard from Republicans has been this: The American people have rejected this bill; we are only their messengers.The verb “rejected” is often amplified with words such as “overwhelmingly” or “resoundingly” or “again and again.”How can President Obama and his Democratic Congress possibly move a piece of social change legislation comparable to Social Security or Medicare without the support of the American people?

via Just How Unpopular Is The Health Care Bill? – Watching Washington Blog : NPR.

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Sometimes you get an article that is simply refreshing.  The problem with most political economic debate is that it is being done by amateurs to an audience that has no idea what is being discussed.  It is far easier to simply give the mantra “private competition is better!” without actually looking to see if that’s true.

Newsweek published an article by Clayton Christensen, Professor at HBS, which actually lays out some of these misconceptions.  (BTW, Newsweek website actually stinks at finding articles, I found it much easier to find the article, after getting an excerpt forwarded to me by email, by using Google News.  kinda sad).

Those who debate insurance reform in Washington and pit public against privately funded care are framing the problem incorrectly. Here’s a better way to think about it: Economists are wrong in asserting that competition controls costs. Most often innovation and competition drive prices up, not down, because bringing better, higher-priced products to market is more profitable. Hospital-vs.-hospital competition causes providers to expand their scope and offer more premium-priced services. Equipment suppliers boost the capability and cost of their machines and devices. Drugmakers develop products that bring the highest prices. It’s because we have such competition, not because we lack it, that health costs are rising by 10% a year.

The type of competition that brings prices down is disruptive innovation. Disruption in health care entails moving the simplest procedures now performed in expensive hospitals to outpatient clinics, retail clinics, and patients’ homes. Costs will drop as more of the tasks performed only by doctors shift to nurses and physicians’ assistants. Hoping that our hospitals and doctors will become cheap won’t make health care more affordable and accessible, but a move toward lower-cost venues and lower-cost caregivers will.

via Health Care: The Simple Solution – BusinessWeek.

Complete article copied, in link below, in case it gets deleted or paywalled:

(more…)

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hat-tip to the Pope, for acknowledging our changing world…

The Popes speech was posted in advance of the World Day of Communications set to take place in May, and its clear that this year, the Popes message is all about being active online. He emphasized that its not enough to merely be present on the Web—”Priests are thus challenged to proclaim the Gospel by employing the latest generation of audiovisual resources images, videos, animated features, blogs, websites which, alongside traditional means, can open up broad new vistas for dialogue, evangelization and catechesis.”

via Pope: priests should blog, tweet the gospel too.

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