Legal Research Blog

 

Going for Gold: The Battle Over Swimsuits

It looks as if the competition in Olympic Swimming will not be remaining in the water this year. Just a few months before the kickoff of the Summer 2008 Olympic games, swimsuit manufacturers including TYR, Nike, Arena, Diane and Speedo are fighting for the top spot with swimmers. Although Speedo has been first choice to most swimmers in the past, the review body for professional water sports, FINA, is opening the opportunity for other companies to provide swim wear for the fast approaching Olympic Games.

TYR is filing suit against both Speedo and USA Swimming under allegations of anti-competitive practices. While this case will not be settled until long after the Games have come to a close, FINA will provide a temporary decision by determining which suits will be acceptable for use during the Games. Not only is this situation raising questions over acceptable business practices, but also about the technology incorporated in the new Speedo LZR Racer suits. Since the introduction of the suit late this winter, some 37 world records have been broken in meets by athletes donning them. While FINA stands by the legality of the suit, many argue that wearing a suit of its kind is comparable to using performance enhancement drugs.

A Justice Like We’ve Never Seen Before

A handful of lawyers were lucky enough to receive the advice of one of our country’s most prominent judges. Supreme Court justice Antonin Scalia was present at a dinner for the 7th Circuit Bar Association earlier this week and was heard giving a few rare and valuable tips. Scalia focused on the importance of professionalism when presenting a case before a judge. He remarked that when delivering a case, the specific language chosen can be critical to the result. In addition to his more serious tone, Scalia also lent some humor to the speech remarking on the various color choices for brief covers. This particular advice should come as no surprise as in recent weeks Scalia has been making several appearances to publicize the release of his new book, “Making Your Case: The Art of Persuading Judges.” The increase in public appearances, an atypical move for a Supreme Court justice, has allowed people to get an inside look at the makings of a justice and his decisions.

Camille Saint-Saëns’s Cello Concerto No. 1 (Free Mp3!)

Our spotlight on public domain music this week is focused on Camille Saint-Saëns’s Cello Concerto No. 1. This piece is hosted by Musopen, a website dedicated to distributing works that have lost their copyright to the general public.

You can download the mp3s here or through the direct links below:

Cello Concerto No. 1 in A Minor, Op. 33 – I. Allegro non troppo

Cello Concerto No. 1 in A Minor, Op. 33 – II. Allegretto con moto

Cello Concerto No. 1 in A Minor, Op. 33 – III. (Tempo primo)

Destination Asia for Investment Banking

As the credit crisis has deepened in the U.S., major players in investment banking are making plans to expand their operations to the Asian markets, which have held steadier than their Western counterparts. Big firms in the United States and Europe have grown more wary of large takeovers, whereas the number of acquisitions in East Asia has risen by 15% so far this year. Executives from such financial powerhouses as Credit Suisse, Goldman Sachs, and JP Morgan have journeyed East in search of investment opportunities.

Some predict that even after the worst of the credit crunch has passed, firms might stay on in China and East Asia, taking advantage of their huge growth and available capital.

BBC

Sometimes Honesty Is The Best Policy ….

In terms of medical malpractice, a trend is starting to develop among doctors to start apologizing to the patient before bringing in the lawyers. This movement towards patient disclosure is an effort to increase trust in patient-doctor relationships and decrease the number of accidents that occur in the future. Although this move is one that would make most attorneys cringe, hospitals testing the new policy, including Johns Hopkins and Stanford, are finding positive results. With only 30% of medical errors typically reported in the past, the new tell-all policy has lowered the amount of malpractice suits by a significant amount at these institutions. These developments have led some malpractice lawyers to encourage their clients to disclose information to their faulted patients and offer compensation to hopefully prevent any impending lawsuits from being filed.

Legislation that would standardize disclosure practices has been in and out of Congress and probably not for the last time. The positive results associated with disclosure policies are quickly making it popular with institutions around the country, not to mention with the patients being treated. With doctors preferring to stay out of the courtroom and patients willing to accept upfront apologies along with fair compensation, it could be that the days of medical malpractice lawsuits are behind us.

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