July 2006

 

Lawyers Not Subject to Gramm-Leach-Bliley Act Regulation

FTC authority deemed exceeded
A December, 2005, decision of the U.S. Court of Appeals for the District of Columbia Circuit held that the Gramm-Leach-Bliley Act (GLBA) does not apply to lawyers or law firms, and that the FTC exceeded its statutory authority when it tried to regulate attorneys under the Act. The ABA was one of the prevailing plaintiffs in the case. American Bar Association v. Federal Trade Commission.

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Court Sanctions Government for Violating Sequestration Order

Moussaoui case underscores the need for caution when preparing witnesses
The recent controversy arising from a government attorney's violation of a federal district court's sequestration order in United States v. Moussaoui has many trial lawyers considering the issue of just what is appropriate when preparing a witness to testify at trial or during other proceedings.

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Supreme Court Approves Modified Rule on Unpublished Opinions

Limits to unreported decisions after January 1, 2007
"Unpublished" opinions have gained in status thanks to a bold step by the U.S. Supreme Court in April, 2006. Specifically, litigants in federal courts of appeal will be able to cite to "unreported" decisions issued on or after January 1, 2007, thanks to an expected change in the rules of appellate procedure. The Supreme Court approved a modified version of the rule change, which in its previous form would have allowed citation to any unreported decision, regardless of date.

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