Saturday, March 21, 2009

No bail. Bernard Madoff will remain in prison pending sentencing. The Second Circuit summary opinion, affirming District Judge Denny Chin's order can be found here.

Wednesday, March 18, 2009

Where's Heidi? A few years ago, I had adopted a law student blogger, Heidi Bond. She went on to clerk for Judge Alex Kozinski in the Ninth Circuit and Justice Sandra Day O'Connor on the Supreme Court (OK, Justice O'Connor was retired by that time, but working for a retired justice still means that you are working on important Supreme Court matters.) But I do not know what has happened to Heidi since. Is she working for a prestigious law firm? Is she with the DOJ? Has she given up law altogether? So I'm throwing it out to the blogosphere -- Where is Heidi Bond?

The fact is that I have never spoken to or seen Heidi Bond. Except by reading her blog and exchanging a few e-mails, I do not know her at all. So why do I want to know? Simple -- I get more hits on this blog from people searching her name than I do from people searching MY name. So why shouldn't I try to get a little more traffic to this site? So, if you know where Heidi Bond is, let me know. You can leave a comment by clicking on the # sign under this post or by e-mailing me at shausler at gmail dot com. Hope to hear from you.

Monday, March 09, 2009

Irreparable injury. Irreparable injury is not presumed in a trade secret case, where the owner of a trade secret is not alleging that the party that has wrongful possession of such a secret is planning on disseminating the secret to a wider audience. In Faivelely Transport Malmo AB v. Wabtec Corp., the Second Circuit reversed the grant of a preliminary injunction.

Judge Cabranes had a fun time with this decision, which involved subway breaks. Read on:

"To the parties in this case, subway breaks are known as "Brake Friction Cylinder Tread Break Units" ("BFC TBU"). For the rest of us, BFC TBU are "that loud squeaking, sparking braking system that so reliably stops the New York City Transit subway system. Twenty-four hours a day and 365 days a year, the City's subway cars safely stop at 468 passenger stations -- and as any straphanger knows, many times in between -- depositing riders of all classes and descriptions at homes, workplaces, ballparks and every other destination imaginable.

"The subway is an indelible feature of the City's culture. Its legend and lore fascinate locals and visitors alike. A point of personal pride for many New Yorkers, the City's subterranean transit has appeared in song, on stage and screen."

The decision quotes from the song "New York, New York" and the novel Bonfire of the Vanities. All subway buffs owe a debt of gratitude to Judge Cabarnes.

The decision can be found here.