Investors' appeal: Securities Act bans indemnity contract
Article Abstract:
Investors pursuing the Spendthrift Securities Litigation whose fraud claims were rejected at the trial court level are trying to convince the 9th Circuit that they should not be compelled to pay the prevailing side's legal fees since indemnification agreements they signed when they purchased their securities are in violation of Section 29(a) of the Securities Exchange Act. The defense maintains that this law contains nothing prohibiting voluntary indemnification agreements and that in any case the plaintiffs were sophisticated, wealthy investors able to take care of themselves.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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AG: death-penalty counsel says it with cookies; Calif. agency is accused of using gifts to persuade an inmate to fight sentence
Article Abstract:
On Jan 18 CA Atty General Daniel Lungren accused the state-funded California Appellate Project (CAP), an agency providing death penalty counsel, of bribing a prisoner with personal items to pursue a federal appeal. In July 1995 William Kirkpatrick asked the US Supreme Court to set his execution date, but changed his mind a week before the execution. Lungren says CAP gave Kirkpatrick tennis shoes, cookies, sunglasses, and a watch to persuade him to sign up with them. CAP replied that Lungren's statement was inaccurate and slanted.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Two roads to a federal right to die: AGs in N.Y. and Calif. fight to regain bans on doctor-assisted suicide
Article Abstract:
The 9th US Circuit Court of Appeals on March 9, 1996, and the 2d Circuit on April 2, both found unconstitutional state bans on physician-assisted suicide, though the debate rages on. New York state Attorney General Dennis C. Vacco immediately began an appeal to the US Supreme Court, while the 9th Circuit took the almost unprecedented step of asking for additional briefing for a possible reconsideration. Lawyer Kathryn L. Sisk Tucker won both cases for patient advocacy group Compassion in Dying.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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- Abstracts: War tribunal counsel; a Latham & Watkins partner defends a general accused of slaughter in war-torn Bosnia. A clash of cultures leads to the courtroom: was L.A. partner Philip Heller too brash for an old-line law firm based in San Francisco?
- Abstracts: Antitrust enters realm of monopolistic rights: courts grapple with the issue of preserving high-tech rights without hindering competition
- Abstracts: Plaintiffs' tactics dispense a bitter pill to defendants; insiders say drug makers settled class action after they learned what antitrust experts said about plaintiffs' case
- Abstracts: Can low market value of debt securities render a corporation solvent for preference purposes? A surprising decision from Delaware
- Abstracts: EPA employees prevail in a free-speech suit. Chevron counsel accused; a federal judge says there may have been witness tampering in $500M suit