March 2007

 

Judicial Independence Under Attack

Profession defends independence of judiciary amid concerns about accountability
Although criticism of judges dates back to the nation’s early days, the judiciary today is increasingly under fire from those who question judges’ accountability. From recent ballot initiatives to proposed congressional oversight, critics of the third branch argue that the judiciary must be more accountable to the public. The bench and bar are responding with efforts at transparency and improved self-policing.

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First Company Stock Trial Yields Defense Victory

Court rejects failure-to-diversify claims in leading ERISA action, embraces portfolio management theory
In the first Employee Retirement Income Security Act of 1974 (ERISA) case to go to trial based on a theory of loss from a reduction in the market value of employer stock, a federal district court issued a pro-fiduciary ruling that has the potential to affect future ERISA stock litigation.

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Staying on Track While Staying at Home

Sections work to facilitate leaves of absence, part-time arrangements
As law firms continue to grapple with the challenges posed by litigators who take temporary leaves of absence from the practice of law to deal with family and other commitments, the ABA Section of Business Law has initiated a pilot project called “Back to Business Law”

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