Missouri Lawyers Weekly articles from February 2006

Missouri Lawyers Weekly archives from February 2006

St. Louis University Law School sponsors conference on homelessness.(Brief Article)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Saint Louis University School of Law and the American Bar Association are sponsoring a national conference that will focus on innovative ways to use overall community development efforts to help the...

Eminent domain is topic for St. Louis Women Lawyers' Association event.(Brief Article)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff The Women Lawyers' Association of Greater St. Louis will host its annual Legislative Luncheon on March 10, 2006 from 11:30 a.m.- 2:00 p.m. at the Norman K. Probstein Golf Course Clubhouse in Forest...

Conflict, Law and Media Center established at University of Missouri-Columbia.
February 6, 2006... Byline: Jill McDonnell For lawyers and journalists, understanding and managing conflict and its outcomes play a key role in their professional lives. With the establishment of the new Center for the Study of Conflict, Law and the Media at...

2006 MIssouri Bar Bankruptcy Institute set for five different locations.(Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)(Brief Article)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff The first 2006 Missouri Bar Bankruptcy Institute program is scheduled for next Thursday, February 2 in Kansas City. An expert faculty has been assembled to review the important changes in the...

MO Lawyers in the News: February 6, 2006.(Missouri)(Springfield Metropolitan Bar Association appoints Clifford S. Brown)(Product Liability Advisory Council appoints John Galvin)(Bryan Cave Strategies LLC appoints Dave Russell )
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Clifford S. Brown, a shareholder of Carnahan, Evans, Cantwell & Brown, P.C., was installed as the 84th President of the Springfield Metropolitan Bar Association at a banquet held on January 28, 2006....

U.S. Bank. Ct. - App. Panel Case Summaries: February 6, 2006.(Brief Article)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Bankruptcy Refund - Claimed Exemption - Child Tax Credit Where Chapter 7 debtors claimed exemptions on their tax refunds for the federal child tax credit, the bankruptcy court properly...

Policy changes cause federal dockets to swell with immigration appeals.(Real ID Act of 2005 (Draft))
February 6, 2006... Byline: Sylvia Hsieh An increasing number of immigration cases are being litigated at the circuit level - and many immigration lawyers may be ill-prepared for the challenges. The percentage of cases being appealed from the intermediate...

Legal Services of Eastern Missouri to hold 'Justice For All Ball'.(Brief Article)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff The 16th Annual Justice for All Ball benefiting Legal Services of Eastern Missouri (LSEM) will take place Saturday, Feb. 25, 2006 at the Chase Park Plaza Hotel in St. Louis. The annual black-tie...

United States Court of Appeals Eighth Circuit Case Summaries: February 6, 2006.(Family and Medical Leave Act of 1993, United States Constitution. 1st Amendment)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Bankruptcy Proof Of Claim - Hearing - Negative Notice Where a creditor in a Chapter 13 proceeding did not respond by requesting an evidentiary hearing to a negative notice received from the...

Missouri Supreme Court Case Summaries: February 6, 2006.
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Civil Practice Venue - School District - Rule 51.03 Where a student who was injured when school bleachers collapsed brought a personal injury action against a school district and the school...

Missouri Court of Appeals Southern District Case Summaries: February 6, 2006.
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Standing - Abandoned Property - Legal Interest Where a trial court entered a judgment vesting title to property in landowners who presented clear and convincing evidence that...

Missouri Court of Appeals Western District Case Summaries: February 6, 2006.
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Judgment - Vacated - Finality Where a trial court vacated the judgment in a paternity case for good cause and after a hearing, the judgment did not become final so an appeal...

Verdicts & Settlements February 6, 2006: Plaintiffs strike out with battery suit against Cardinals.(St. Louis Cardinals)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff Defense verdict A St. Louis City jury sided with the St. Louis Cardinals against a woman who claimed security at a baseball game in 2002 punched her with her 7-year-old son on her lap. The...

Verdicts & Settlements February 6, 2006: Girl settles lawsuit against sports facility.(Katie Patrick)
February 6, 2006... Byline: Missouri Lawyers Weekly Staff $6.9 M damages alleged The family of a 14-year-old student athlete settled its lawsuit against the girl's coach, her school and the gym where she was injured during basketball practice. The terms...

Verdicts & Settlements February 6, 2006: Estate settles claim against widow's longtime friend.
February 6, 2006... Byline: Missouri Lawyers Weekly Staff $550,000 settlement A widow's estate has settled for $550,000 its claim against the man it said unduly influenced the woman to grant him roughly $1 million in gifts and death benefits. ...

MO judge awards $7.25M to family in workers' compensation case.(Missouri, Charles Atwell)
February 6, 2006... Byline: Natalie White A Missouri judge recently awarded $7.25 million to the family of a window washer who fell eight stories to his death less than an hour after starting the job. Jackson County Judge Charles Atwell ruled that the...

United States Court of Appeals Eighth Circuit Case Summaries: February 13, 2006.
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Civil Rights Child Abuse - Social Worker - Official Immunity Where the Division of Family Services was subject to a consent decree that imposed a specific procedures for monitoring children, a...

Missouri Court of Appeals Southern District Case Summaries: February 13, 2006.
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Criminal Law Assault - Intent Where a criminal defendant rammed his car into the victim's vehicle, forcing the victim off the road and injuring her and the defendant admitted that he intended...

Missouri Court of Appeals Western District Case Summaries: February 13, 2006.
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Domestic Relations Child Support - College Enrollment - Notification Even though a college student failed to give his father written notification that he enrolled in his third semester of...

Missouri Court of Appeals Eastern District Case Summaries: February 13, 2006.(judgments)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Per Curiam The following judgment has been affirmed. Taylor v. State (MLW No. 53477) (1 page) (per curiam) Appealed from the circuit court, St. Louis County, Ross, J. (Michelle M. Rivera, St....

Appointments to Missouri commission overseeing judicial discipline.(Missouri Bar Board of Governors, Missouri Commission on the Retirement, Removal and Discipline of Judges)(Brief Article)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff The Missouri Bar Board of Governors appointed Jennifer Gille Bacon of Kansas City and Sheldon K. Stock of St. Louis to the Missouri Commission on the Retirement, Removal and Discipline of Judges. ...

Wash. U. to host U.S. Court of Appeals 8th Circuit.(Washington University School of Law )(Brief Article)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Washington University School of Law will host a Special Session of the United States Court of Appeals for the Eighth Circuit from 9 a.m. to 11 a.m. on Tue., Feb. 14, 2006, in the Bryan Cave Moot...

Gov. Blunt appoints John Porter appointed to 30th judicial circuit.(Matt Blunt)(Brief Article)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Gov. Matt Blunt has appointed John C. Porter as Associate Circuit Judge of the 30th Judicial Circuit. "John Porter's experience gained from his position as prosecuting attorney and in private...

Missouri high school students compete in We the People Competition.(Brief Article)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Members of the Missouri Bar and Supreme Court found themselves judging a rather young crowd in mock congressional hearings in Jefferson City. Twenty-two YLS lawyers, three Missouri Supreme Court...

Visiting Professor to speak on Korean criminal justice system at St. Louis Univ.'s law school.(Byung-Sun Cho)(Brief Article)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff A visiting Professor at St. Louis University's School of Law will speak Feb. 22 on "Confucianism and Justice: The Delicate Balance in Korean Criminal Justice." Professor Byung-Sun Cho, dean and a...

Missouri Lawyers in the News: February 13, 2006.(Matt Kitzi appointed as Commissioner of Securities ; William M Corrigan Jr. appointed as President of the Board of Trustees of The Missouri Bar; Melanie Supranowich and James E. Godfrey Jr. appointed to Evans & Dixon, L.L.C.)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Secretary of State Robin Carnahan announced today that she appointed Matt Kitzi as the new Commissioner of Securities for the State of Missouri. Kitzi had been serving as the Acting Commissioner of...

Verdicts & Settlements February 13, 2006: Employee proves retaliatory firing.(Tameka Bryant v. Boys & Girls Club of K.C. and David Smith)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff A Jackson County jury found in favor of an employee of Boys & Girls Club of Kansas City, who alleged she was fired for objecting to comments she said the club's president made about not wanting to hire...

Verdicts & Settlements February 13, 2006: Shooting victim, VFW hall settle premises liability case.(Corey Blevins)(Blevins v. VFW Post #1668)(Brief Article)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff $500,000 settlement A VFW hall settled a lawsuit brought by a man who was shot at a party he hosted at the hall. Corey Blevins and several of his friends hosted a dance party at the VFW Post...

Verdicts & Settlements February 13, 2006: Doctor, law firm settle legal malpractice claim.(Cynthia Drake and Shughart Thomson and Kilroy)(Brief Article)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff $75,000 settlement The law firm of Shugart Thomson & Kilroy settled a legal malpractice claim brought against it by a doctor who claimed the firm should have contacted her when it did not receive...

Verdicts & Settlements Feb 13, 2006: Hospital, doctor sued for not diagnosing myocardial infarction.(Dr. Donald E. Binz)
February 13, 2006... Byline: Missouri Lawyers Weekly Staff Defense verdict The family of a man who went to the hospital with an infected toe and died when his myocardial infarction went undiagnosed lost the wrongful death lawsuit it brought against the...

Breath test challenges used to block DUI prosecutions in other states.(driving while intoxicated)
February 13, 2006... Byline: Reni Gertner Successful challenges over the software that powers breath-testing machines have blocked more than 1,000 DUI convictions in Florida over the past year and experts tell Lawyers Weekly that similar fights are erupting...

Landlord not liable for accidental death of child.(Thompson v. Tuggle)(Glenco Inc.)
February 13, 2006... Byline: Joy Simmons A landlord was not liable for the accidental shooting death of a nine-year-old child, an appellate court ruled, finding that the landlord did not owe a duty to protect the child from dangerous conditions on the property...

Web site to follow Saddam Hussein trial.(Library of Congress)(Brief Article)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff The Law Library of Congress launched a site on the World Wide Web to provide visitors with essential legal information regarding the trial of former Iraqi leader Saddam Hussein and his co-defendants by...

Study reveals conflicts in attorneys' personal lives.(Brief Article)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Lack of time spent with their families and excessive work hours are driving qualified attorneys toward the exit door, according to a research report funded by the National Association of Law Placement...

ABA approves uniform act on debt counseling services.(Uniform Debt-Management Services Act, Uniform Assignment of Rents Act)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Four uniform acts, dealing with issues ranging from the oversight of debt counseling services to a new statute on the titling of motor vehicles, were approved last week by the American Bar Association's...

Missouri Lawyers in the News: February 20, 2006.(Thomas C. Burke appointed to Association of Corporate Counsel America; Vic Panus resigns from Lewis, Rice and Fingersh L.C., Spoeneman, Watkins, Waltrip & Harvell L.L.P. relocates)(Brief Article)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Thomas C. Burke has been elected 2006 president of the St. Louis chapter of Association of Corporate Counsel America (ACCA). Mr. Burke is the general counsel for Brown Shoes Company, Inc. *** ...

Commentary: Stage set in BlackBerry battle between NTP and RIM.
February 20, 2006... Byline: Mark Stallion The conflict continues between NTP, Inc. and the BlackBerry maker Research In Motion as the threat of a court-ordered shutdown of the BlackBerry e-mail service is ever looming. NTP owns multiple U.S. Patents relating...

Commentary: Fixing eminent domain: a job for the legislature, not the courts.
February 20, 2006... Byline: Dale A. Whitman Few decisions of the U.S. Supreme Court have proven as controversial as Kelo v. City of New London, Connecticut, decided on June 23 of last year. The Court upheld the city's authority to use the eminent domain power...

Verdicts & Settlements February 20, 2006: Man arrested for damaging car of the police chief's wife.(Rodney Smith v. City of Warson Woods, et al)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff $75,000 settlement A Warson Woods man accused of damaging a car driven by the police chief settled his civil rights claims for $75,000 with the city. Rodney Smith, a resident of Warson Woods,...

Preparing for disaster post-Katrina, 9-11 era.
February 20, 2006... Byline: Natalie White In the aftermath of Hurricane Katrina, workers quickly transformed an airplane hangar at Lambert Airport into a makeshift mini-hospital and emergency refuge, expecting thousands of evacuees to be airlifted to St....

United States Court of Appeals Eighth Circuit Case Summaries: February 20, 2006.(Americans with Disabilities Act of 1990, Fair Labor Standards Act)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Civil Procedure Res Judicata - Non- Compete Agreement Where a worker settled a suit filed in state court by his former employer for allegedly violating a non-compete agreement, the former...

Missouri Supreme Court Case Summaries: February 20, 2006.
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Civil Procedure Cross- Claims - Permissive - Res Judicata Even though the driver of a car sued for personal injuries that occurred after a crash in a parking lot filed a cross-claim against the...

Memorial service for attorney Michael Martinez scheduled in Columbia.(Brief Article)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff The University of Missouri-Columbia Law School is holding a memorial for attorney Michael Martinez on Monday, Feb. 20, from 2:00-2:15 p.m. A ceremony will be held on the back steps of Jesse Hall. A...

Missouri Court of Appeals Eastern District Case Summaries: February 20, 2006.
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Nurse - Disqualification List Where a nurse was aware that an elderly nursing home resident had been diagnosed with dementia and was also taking powerful drugs to counter her...

Missouri Court of Appeals Southern District Case Summaries: February 20, 2006.(State v. Smith, Denney v. Winton, Maclin v. State )
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Criminal Law Ineffective Assistance - Witness Where the attorney for a man accused of stealing liquor from a grocery store and charged with second-degree robbery did not call one of the...

Missouri Court of Appeals Western District Case Summaries: February 20, 2006.(Brief Article)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Employer-Employee Discrimination - Complaint - Notice Even though the Missouri Human Rights Commission failed to give an employer formal notice of an age discrimination complaint filed by a...

Verdicts & Settlements February 20, 2006: Pathologists successfully defends against med-mal claim.(Patiricia Magee v. Helena Wang, M.D. and Boyce & Bynum Pathology, Inc.)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Defendant's verdict A Boone County jury returned a medical malpractice verdict in favor of a doctor alleged to have misdiagnosed a woman's breast biopsy. The plaintiff, Patricia Magee, sued Dr....

Verdicts & Settlements February 20, 2006: Jury decides in favor of doctor in negligence suit.(Comfort Olatunde, et al v. Gary Koenig, M.D.)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff Defendant's verdict A St. Louis County jury returned a verdict in favor of a doctor who was alleged to have failed to inform a patient of the risks of surgery. The surgery led to severe...

Verdicts & Settlements February 20, 2006: Music minister wins med-mal claim for loss of voice.(Hickman v. Branson Ear, Nose & Throat, Inc.)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff $309,644 verdict A man who claimed that his vocal cords were injured during a second thyroidectomy surgery has won a $309,644.97 verdict in his medical malpractice case against an ear, nose and...

Verdicts & Settlements February 20, 2006: Boy with broken neck settles medical malpractice claim.(Curtis Murray v. Citizens Memorial Hospital)(Brief Article)
February 20, 2006... Byline: Missouri Lawyers Weekly Staff $4.2 million settlement A resident in a juvenile home reached a $4.2 million settlement with a hospital after a hospital employee broke the boy's neck. The plaintiff, Curtis Murray, was a...

Rule does not require cross-claimed defendant to file against co-defendant.
February 20, 2006... Byline: Denise G. Callahan The Missouri Supreme Court says although there was only one car crash event that drove two personal injury lawsuits a co-defendant needn't combine her personal injury case to the plaintiff's just because she...

Verdicts & Settlements February 27, 2006: KC wins punitive damages against real estate co.(Belger Cartage Service Inc.)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff $500,000 verdict The Kansas City TIF Commission won a judgment - including $200,000 in punitive damages - against a real estate company that accepted money from the commission for its relocation...

Early achievements garner alumni award for KC lawyer.(Michael A. Williams)(Brief Article)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Michael A. Williams, an attorney in the Kansas City office of Lathrop & Gage L.C., received the University of Missouri-Columbia's 2006 Arts and Science Recent Alumni Award. The honor was presented Feb....

Professor to speak on constitutional litigation at Washington University's speaker series.(Pamela Karlan)(Brief Article)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Washington University's speaker series presents "The Paradoxical Structure of Constitutional Litigation" 11:00 a.m. on March 1 in the Bryan Cave Moot Courtroom at Washington University, St. Louis. ...

Chief Justice of Supreme Court of Missouri starts telecasts with schools.(Michael Wolff )(Brief article)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff "What exactly is the rule of law?" That is the question Judge Michael Wolff of the Supreme Court of Missouri posed to eight classrooms across the state on Feb. 23. Wolff was comfortably ensconced in...

United States Court of Appeals Eighth Circuit Case Summaries: February 27, 2006.
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Civil Rights Qualified Immunity - In- Custody Death - Deliberate Indifference Even though a pretrial detainee's sister contacted the jail and left a telephone message for the sheriff to ask...

U.S. Bank. Ct. - App. Panel Case Summaries: February 27, 2006.
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Bankruptcy Hearing Notice Where the bankruptcy court continued three motions but neither the debtor or the court mentioned a separate motion for relief from automatic stay and the debtor...

Missouri Court of Appeals Eastern District Case Summaries: February 27, 2006.
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Contract Muncipality - Statutory Authority Where a municipal resolution passed in 1978 authorized the county's presiding judge to enter into an intergovernmental agreement with eleven other...

Missouri Court of Appeals Southern District Case Summaries: February 27, 2006.
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Civil Procedure Dismissal - Fax - Abatement (1) Where a judicial circuit's local rules only authorized fax filings for emergency pleadings but did not authorize fax filings of motions to...

Missouri Court of Appeals Western District Case Summaries: February 27, 2006.
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Criminal Law Alford Plea - Factual Basis Where a criminal defendant admitted he was in a fight at a party, went back to his house and retrieved a gun, returned to the party and fired at least...

Verdicts & Settlements February 27, 2006: Woman sues dentists for unnecessary, below-par work.(Rhonda Davis v. Leroy Richardson, D.D.S. and Brenda Herrman, D.D.S.)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Defense verdict A patient sued two dentists for performing unnecessary and dissatisfactory dental work, but a Greene County jury decided the lawsuit was unnecessary. Plaintiff Rhonda Davis,...

Verdicts & Settlements February 27, 2006: Ironworker suffers injury when elevator malfunctions.(Karen Chaffee v. Lehr Construction Co., CPM Management, LICO Steel Inc., Champion Elevator Co. and D.E. Contracting)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff $1 million settlement An ironworker injured when a construction elevator malfunctioned received a $1 million settlement from the company that manufactured the elevator and the company that...

Verdicts & Settlements February 27, 2006: Crohn's patient wins food-poisoning lawsuit.(Brief Article)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff $30,000 settlement A food-poisoning case resulted in a $30,000 settlement for a man with Crohn's disease. Plaintiff became ill shortly after eating chicken breast served at a wedding rehearsal...

National Law Journal report shows jury awards fall for third year in a row.
February 27, 2006... Byline: Charles Emerick (This article originally ran in The Daily Record, Kansas City, MO, another Dolan Media publication.) Juries across the country continued to be tightfisted with their awards in 2005 as the total for jury verdicts...

New Missouri Bar 30-second TV, radio spots hit airwaves.(Brief Article)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff In the course of a week, the average Missourian may watch their favorite TV drama about lawyers, hear bits of news about the latest high-profile trial, or listen to a talk radio show about how unfair...

MU Student Bar Association sponsors 5K Run/Walk to honor student Tim Heinsz.
February 27, 2006... Byline: Missouri Lawyers Weekly Staff The MU Student Bar Association invites the legal community to take part in the Second Annual Tim Heinsz Memorial 5K Run/Walk scheduled for Saturday, April 22 at 9 a.m. A post-race awards gathering is...

MO Lawyers in the News: February 27, 2006.(Fox Galvin LLC appoints Michael P. Downey, Richard B. Korn and Bart C. Sullivan)(Foley and Mansfield appoints Carrie Gallagher, Joshua Lens and Jacob Sawyer)(Eric Tolen sues St. Charles City Council)
February 27, 2006... Byline: Missouri Lawyers Weekly Staff Attorney Eric Tolen, the part-time special legal counsel for the St. Charles City Council, is suing the city of St. Charles, Mayor York, City Administrator Williams and two council members, seeking more...

Commentary: Disciplined marketing: Professionalizing practice development.
February 27, 2006... Byline: Wayne Davis, Esq. Marketing, sales and overall practice development issues rank on the top 10 list of practice-management concerns among most legal practitioners today. Why is it that the legal profession continues to fall short of...

Non-profit hospitals under scrutiny.
February 27, 2006... Byline: Reni Gertner Three years after the Sarbanes-Oxley Act went into effect to improve accountability among publicly traded companies, its complex requirements are making their way into the non-profit sector - and health care lawyers...

Debtor must complete counseling before filing Chapter 13, rules U.S. Bankruptcy Appellate Panel.(Bankruptcy Abuse Prevention and Consumer Debt Act of 2005 (Draft))
February 27, 2006... Byline: Joy Simmons A debtor was not eligible for Chapter 13 bankruptcy status when he did not complete required debt counseling prior to filing his case, the U.S. Bankruptcy Appellate Panel for the Eighth Circuit held. The counseling...

Non-profit hospitals take action to comply with Sarbanes-Oxley Act.
February 27, 2006... Byline: Reni Gertner Lawyers and others involved in non-profit governance are advising their clients to look to Sarbanes-Oxley to help determine what action to take to improve their accountability in the face of potential attack. In...