Weekly News Update

weekly-news

*A federal appeals court said on Thursday the New York law firm Skadden, Arps, Slate, Meagher & Flom may owe overtime pay to a contract lawyer for performing non-legal work, a decision that could make it more costly for firms to hire temporary lawyers. [Reuters]

*A year after hundreds of unaccompanied immigrant children crossed the United States’ southern border, creating docket surges at immigration courts and the need for shelter, City Council Speaker Melissa Mark-Viverito says all of the minors who ended up in New York City now have legal representation. [Capital New York]

*Hypothetical or not, a frequent-flying executive’s remark about a bomb in her luggage gave JetBlue reason enough to refer the matter to the FBI, the Second Circuit ruled last week. [Courthouse News Service]

*A Big Law Business Summit interview with Judge Scheindlin of the Southern District focused largely on the rise of technology and eDiscovery in the courts, with Scheindlin pointing out that innovations have led to a “tremendous decline” in trials. Adding there are fewer trials today because everything is recorded and if it’s all recorded, the proof is incontestable. [Bloomberg BNA]

*With regard to student loan forgiveness, Judge Jim D. Pappas, in a concurring opinion for a bankruptcy appellate panel decision in the Ninth Circuit, said the analysis used “to determine the existence of an undue hardship is too narrow, no longer reflects reality and should be revised.” Judge Pappas isn’t the only critic. Although plenty of cases still hew closely to a strict interpretation of the test, some judges and courts have signaled in recent years that they believe the rigid standard — known as the Brunner test — should be reconsidered, even if they are still bound to it now. [NY Times]

*Facebook Inc cannot challenge search warrants New York prosecutors used to get information from its site on hundreds of users suspected of Social Security fraud, a state appeals court said on Tuesday, in a decision likely making it harder for New Yorkers to keep their digital lives private. [Reuters]

*Here’s an interesting hypothetical ethics question for you: Should you accept reimbursement from someone who has stolen from you?  Could there be an assumption of risk in dealing with a known miscreant? [Courthouse News Service]