February 1, 2012
-- February 3, 2012
GENERAL
Ethics Proposals Would Require Law Firms to Report Lawyers’
Judicial Campaign Contributions
By Debra Cassens Weiss, ABA Journal
02-03-12 --
Should law firms have to report judicial campaign
contributions by their lawyers and staffers? Should they
include information about nonfinancial support, such as
endorsements? And how should judges use that information to
decide whether to recuse themselves?
. . . Those questions
were considered at a public hearing at the ABA Midyear
Meeting on Friday as commenters dissected proposed
amendments to model ethics rules. The need for revisions is
clear, according to Adam Skaggs, senior counsel at the
Brennan Center for Justice at New York University School of
Law. There has been an “explosion in spending in state
judicial races,” he said at the hearing, and the proposals
are a “terrific start” to address the problems.
. . . The money
flowing into judicial campaigns has damaged public
perception of the judiciary, according to Matthew Berg of
Justice at Stake, an organization that has worked with
Skaggs’ group to report on campaign spending. A 2011
survey (PDF) by Justice at Stake found that 83
percent of the public believed that judicial campaign
contributions have some or a great deal of influence on
judges’ decisions. States need strong recusal rules, he
said, to counter the perception.
Fresh round of litigation targets 12 law schools
over jobs data
Karen Sloan, The National Law Journal
02-01-12 --
The team of lawyers behind proposed class actions against
the Thomas M. Cooley School of Law and New York Law School
have followed through with their threat to sue even more
schools.
. . .
New York attorneys
David Anziska and Jesse Strauss — along with
consumer-protection lawyers in Chicago, Miami, San
Francisco, Sacramento and New Jersey — on Wednesday filed
suits against 12 law schools in state and federal courts
around the country, claiming that they inflated their
graduate employment data.
. . .
The complaints seek
class action status, monetary damages and changes in the way
the law schools report and audit employment data.
Understanding the NLRB's Latest Social Media Report
Catherine Dunn, Corporate Counsel
02-01-12 --
When can an employee be fired for comments posted on
Facebook that reference his or her employer? When, in turn,
are an employer's rules about such postings unlawful? These
and other questions about social media in the employment
context form the basis of
a new report [PDF] issued by the office of
general counsel at the National Labor Relations Board. .
. . Cases related to
social media continue to confront the board, writes acting
GC Lafe Solomon on why his office came out with the
guidance, and "these issues and their treatment by the NLRB
continue to be a 'hot topic' among practitioners, human
resource professionals, the media, and the public.”
CALIFORNIA
Court sanctions lawyers behind 9/11 case
Thomson Reuters News & Insight
02-02-12 --
A federal appeals court on Thursday sanctioned lawyers
behind a lawsuit accusing former officials in the Bush
administration of orchestrating the Sept. 11 attacks.
. . . The
U.S. Court of Appeals for the 2nd Circuit ordered
two California lawyers to pay $15,000 in addition to double
what the government spent defending the case. For the next
year, the lead lawyer behind the litigation must inform
other federal courts in the circuit of the sanctions against
him.
. . . Three attorneys
-- Dennis Cunningham, William Veale and Mustapha Ndanusa --
filed the lawsuit in 2008 on behalf of April Gallop, a
member of the U.S. Army injured in the Pentagon attack on
Sept. 11, 2001. The lawyers accused then-Vice President Dick
Cheney and Donald Rumsfeld of causing the attacks on the
World Trade Center and the Pentagon in order to create a
political atmosphere that would allow the U.S. government to
pursue domestic and international policy objectives. The
suit alleged conspiracy to cause death and bodily harm and a
violation of the Antiterrorism Act.
Greenberg Traurig Hit With Suit Alleging Fraud,
Breach of Fiduciary Duty
Posted by Claire Zillman, AmLaw Daily
02-02-12 --
An investor in a now-bankrupt California private mortgage
broker and real estate loan provider claims in a potential
class action brought against
Greenberg Traurig that the firm, acting as the
broker's counsel, helped hatch a fraudulent scheme that
bilked the plaintiff and other investors out of some $700
million.
. . .
The complaint, filed Monday in California State
Court in Alameda County by investor David Nolan, claims that
broker RE Loans, LLC—a secured lender to high-end
residential and commercial real estate developers—collected
the $700 million in question as of early 2007.
. . . The problem,
according to the complaint, is that RE Loans was struggling
at the time to raise fresh capital in an effort to keep pace
with its commitment and distributions as those loans sank
into default and foreclosure—a fact the company allegedly
hid from the investors.
No quick trial for ex-Nixon Peabody partner in
alleged Ponzi scheme
Amanda Bronstad, The National Law Journal
02-02-12 --
A former securities partner at Nixon Peabody who was fired
while under investigation for allegedly falsifying documents
as part of a Ponzi scheme will have to go to trial in
October, despite the pleas by his attorney to expedite the
proceedings.
. . . U.S. District
Judge Philip Gutierrez on Feb. 2 granted the government's
motion to delay David Tamman's trial until Oct. 23. Defense
attorney Stanley Stone of Stone & Stone in Encino, Calif.,
had argued that Tamman, who has struggled to maintain a law
practice, should go to trial as originally scheduled on
March 23 — or by May at the latest — so he can get back to
work.
. . . "I'm not sure I
quite understand your position," Gutierrez told Stone. "What
is the prejudice to the defendant?"
Alsup Rips Google Lawyers for Missing Deadline in
Oracle Patent Suit
Ginny LaRoe, The Recorder
01-31-12 --
Google's lawyers fending off Oracle's Java-related patent
infringement claims found themselves in Judge William
Alsup's crosshairs on Tuesday.
. . . Alsup took
after Google's team, led by Keker & Van Nest, for breaking
its own agreed-upon rules aimed at streamlining
patent-marking issues at trial. Alsup even threatened to
take away one of Google's key defenses — the argument that
Oracle didn't mark, or provide notification of, some of the
patents in the suit, a position aimed at limiting exposure
for past damages.
. . . Google has
claimed it wasn't liable for damages on five of six patents
at issue prior to the summer of 2010, when the suit was
filed, saying Oracle was practicing the patents — in
essence, using them in its products — but had not marked its
products.
COLORADO
Citing Environmental Concerns, Denver Law Clinic Helps Sue
to Stop Christo ‘Over the River’ Project
By Molly McDonough, ABA Journal
02-03-12 --
Denver law students representing a group concerned about
canyonland drilling necessary to anchor a massive Christo
public art installation "Over
the River" are suing to stop the project.
. . . Christo plans
to stretch fabric over the Arkansas River for two weeks in
August 2014, an effort that critics who've dubbed themselves
"ROAR,"
or Rags Over The Arkansas River, maintain is as risky as
mineral development.
. . . The
installation would cover some 5.9 miles of the river and
require the drilling of more than 9,000 bore holes, some 35
feet deep, in a critically sensitive wildlife area,
according to a suit filed by the
Environmental Law Clinic at the University of Denver
Sturm College of Law(PDF).
DISTRICT OF COLUMBIA
Taxpayers pay to defend prosecutors in Ted Stevens case
By Brad Heath, USA TODAY
02-02-12 --
The federal government has spent nearly $1.8 million
defending prosecutors from allegations they broke the law in
the botched corruption case against former Alaska senator
Ted Stevens, Justice Department records show.
. . . The case
against Stevens fell apart three years ago when the Justice
Department admitted its attorneys had improperly concealed
evidence that could have helped his defense. A court-ordered
investigation concluded in November that prosecutors had
engaged in "significant, widespread, and at times
intentional misconduct," but that they should not face
criminal contempt-of-court charges.
. . .
Records obtained under the Freedom of Information Act 
show
that the department has paid about $1.6 million since 2009
to private lawyers representing the six prosecutors targeted
by that court investigation. It also paid $208,000 to defend
three prosecutors from a separate finding that they had
committed civil contempt of court.
FLORIDA
Disbarred lawyer catches break, but must repay victims
By Rafael A. Olmeda, Sun Sentinel
02-03-12 --
A disbarred lawyer was spared a prison sentence Friday by a
Broward judge who said she was giving him a chance to make
things right with the elderly couple he bilked out of
$362,000.
. . . Gerald Lindor,
52, was sentenced to 20 years of probation and ordered to
pay $110,000 to Joscelyn and Herma Passley, a couple going
through foreclosure because Lindor admits to
misappropriating more than $360,000 they gave him as part of
a deal to refinance their Miramar home.
. . . Lindor, who
entered a no contest plea to seven grand theft charges on
Jan. 24, was also ordered to pay the couple $2,000 a month.
. . . The plea came
with no promise from prosecutor Catherine Maus that prison
time would be reduced from the 13 to 30 years allowed by
law.
ILLINOIS
State's attorney announces new unit to review prosecutions
By Jason Meisner | Chicago Tribune reporter
02-02-12 --
After years of criticism from some legal circles for the way
her office has handled wrongful conviction cases, Cook
County State’s Attorney Anita Alvarez said today she has
formed a new unit to review prosecutions that have come
under question.
. . . Speaking at the
City Club of Chicago, Alvarez said the conviction integrity
unit marks a “shift in philosophy in which we intend to
increase our focus and our openness about these cases.”
. . . The unit, which
began operating last month, is staffed by three assistant
state’s attorneys, two investigators, and a victim-witness
coordinator, she said.
. . . The unit will
pay particular attention to the kind of cases that have
often proved to be problematic – including confessions by
young defendants or cases that rely on a single eyewitness,
Alvarez said.
. . . Since Alvarez
was elected in 2008, there have been at least 13
prosecutions in which wrongfully convicted men had charges
from years earlier dropped amid allegations of police
torture, coerced confessions or DNA evidence that implicated
others in a crime.
MASSACHUSETTS
Jury finds Seyfarth not liable in malpractice case brought
by former client
Sheri Qualters, The National Law Journal
01-30-12 --
Seyfarth Shaw and partner Richard Alfred have won a
malpractice case in Massachusetts brought against them by a
former client, PCG Trading LLC, a supply chain management
company. The 13-member state court jury found Seyfarth not
liable on all counts on Jan. 30.
. . .
PCG sued Seyfarth,
Alfred and other lawyers it has since
dropped from the case in Suffolk County, Mass.,
Superior Court in July 2009. Alfred chairs the firm's
national wage and hour litigation practice group.
. . .
PCG claimed the
defendants didn't do enough to protect it from court
judgments in employment cases filed against Converge Inc.
after PCG bought Converge's assets.
. . .
According to PCG's
complaint, Seyfarth and its lawyers didn't tell the company
that continuing to use Seyfarth as counsel would signal to
courts that PCG was Converge's successor and thereby liable
for judgments against it. PCG also claimed the defendants
violated the Massachusetts Rules of Professional Conduct by
failing to disclose and resolve conflicts of interest.
MICHIGAN
Judge tosses prosecutor's prescription fraud case
Associated Press | Detroit Free Press
02-03-12 --
A judge has dismissed a case against a northern Michigan
prosecutor accused of doctor shopping to illegally get
prescriptions for painkillers.
. . . Radio station
WHSB and The Alpena News report 88th District Court Judge
Theodore Johnson on Thursday decided that there wasn't
evidence of fraud by Richard Steiger, who serves as the
prosecutor in Presque Isle County.
. . .
Steiger had strongly
denied the accusations. He says he appreciates the judge
making a thorough review of the evidence to reach the "right
decision."
MISSISSIPPI
Flowood lawyer jailed for contempt
Written by Jimmie Gates, Clarion Ledger
02-03-12 --
A Flowood attorney remains jailed in the Hinds County
Detention Center after a chancery judge cited him for
contempt for failure to account for and return money to the
grandson of the late civil rights leader Aaron Henry.
. . . Hinds County
Chancery Judge Dwayne Thomas had attorney Michael J. Brown
jailed on Wednesday.
. . . Brown was
listed today as still being in the Detention Center.
. . . Thomas said in
the contempt order against Brown that on two occasions, once
in April and again on Jan. 11 this year, Brown failed to
provide an accounting of all funds and expenses related to
De Mon McClinton’s guardianship.
NEW
YORK
Is Resolution at Hand in EEOC Bias Suit Against Kelley Drye?
Posted by Sara Randazzo, AmLaw Daily
02-01-12 --
For
Kelley Drye & Warren, a two-year-old legal battle
over over an allegedly discriminatory retirement policy may
be nearing an end.
. . . A Monday filing
in the
Equal Employment Opportunity Commission's federal
age-bias suit against the firm suggests the parties may be
close to settling the case, which the EEOC initiated in
January 2010 on behalf of then 79-year-old labor and
employment partner Eugene D'Ablemont. At issue: whether
Kelley Drye's policy of forcing partners to give up their
equity in the firm at age 70 was discriminatory.
. . . In the
filing (PDF), EEOC lawyer Jeffrey Burstein tells
U.S. magistrate judge Michael Dolinger in Manhattan that he
would like "to update the Court on settlement negotiations,"
and requests until February 10 to alert the court if another
in-person mediation session is required.
RHODE
ISLAND
ACLU wants $173K for prayer banner fees
Money sought from city &
school committee
By Melissa Sardelli, WPRI
01-31-12 --
Attorneys for the Rhode Island ACLU have asked a court to
award them $173,000 for their successful work on the
Cranston prayer banner controversy.
. . . A federal judge
ruled earlier this month, that the prayer banner which has
been on display at Cranston West School for over 50 years,
was unconstitutional and must come down.
. . . The money the
civil union is asking for is related to attorney fees and
costs involving the prayer banner fight .
Ex-lawyer Levitt pleads guilty to RI bank fraud
Associated Press | Boston.com
02-02-12 --
Former lawyer James Levitt has pleaded guilty in a $1.1
million mortgage fraud scheme involving properties in
Providence and East Providence.
. . . The 66-year-old
Levitt pleaded guilty to multiple counts of bank fraud and
filing false federal tax returns Wednesday in federal court
in Providence. He faces up to 96 years in prison and up to
$3.3 million in fines when he is sentenced April 19.
|
PAYING
TOO MUCH FOR CAR INSURANCE?
A
Victims-of-Law Associate |
SOUTH
CAROLINA
Newly Licensed Solo Reprimanded for Exaggerating Experience
in Online Profiles
By Debra Cassens Weiss, ABA Journal
02-01-12 --
A solo practitioner licensed to practice law in 2010 has
been reprimanded for exaggerating his experience on law firm
websites and in online profiles.
. . . The South
Carolina Supreme Court says in a
public reprimand released today that Dannitte
Mays Dickey mischaracterized his legal skills through
misleading statements on two websites and exaggerated his
experience in online profiles. The
Legal Profession Blog notes the discipline and
says it was imposed by consent.
TEXAS
Prison for ex-Texas lawyer who stole from clients
Associated Press | Houston Chronicle
02-03-12 --
A former North Texas lawyer has been sentenced to 10 years
in prison for stealing more than $200,000 from clients.
. . . The Fort Worth
Star-Telegram (http://bit.ly/yhG0I7
) reported Thursday that 61-year-old Donald Driver in 2007
gave up his law license, in lieu of possible disciplinary
action by the State Bar. Driver was accused of keeping cash
settlements meant for his clients.
Disbarred attorney charged with practicing without a
license
Carol Christia, Houston Chronicle 
02-03-12 --
A disbarred Houston attorney with two convictions for
practicing law without a license is in jail on another
charge for the same crime.
. . . William Everett
Satterwhite, 68, who was disbarred in 1995, was arrested
Thursday after he allegedly accepted $500 last month for
advising a defendant in a drug case, court records show.
. . . According to a
complaint filed by the Harris County District Attorney's
office, Satterwhite told a man charged with possession of
marijuana to plead guilty on Jan. 27.
. . . The defendant
in the marijuana case told authorities a friend of his
sister's introduced him to Satterwhite, who met with him and
his mother three times.
Ex-county lawyer's license suspended
Betsy Blaney, Associated Press | Houston
Chronicle
02-02-12 --
The Texas state bar has suspended the law license of a
former county attorney who retaliated against two nurses for
anonymously complaining about a doctor to state regulators,
according to an order released Thursday.
. . . Former Winkler
County attorney Scott Tidwell cannot practice law while he
appeals his conviction on felony retaliation and misuse of
official information charges for retaliating against the
nurses, the order states. He lost his job as county attorney
when he was convicted and sentenced to 10 years of probation
in October.
Firm Alleges Defendants Misappropriated Trade
Secrets, Privileged Info
Firm Names A Former
Employee And A Houston Lawyer In Civil Suit
Brenda Sapino Jeffreys, Texas Lawyer
02-01-12 --
Houston's Shrader & Associates has been experiencing things
lately that seem more like the plot of a legal thriller than
reality at a small toxic-tort firm.
. . . In 2011, a
former office manager at the firm, Tara Robertson Stevens,
was charged with and indicted for felony theft for allegedly
taking more than $200,000 from Shrader & Associates from May
16, 2007, through Aug. 17, 2011. Stevens' arraignment has
been reset three times, and she has a court appearance set
for Feb. 7, described on Harris County's online filing
document system as a "disposition."
. . . But now the
saga has entered the civil court. Shrader & Associates has
filed a petition in Harris County state district court
alleging Stevens provided "confidential, proprietary, and
privileged information" from the firm's computer server to
Houston lawyer Savvas H. Stefanides and the firm Stefanides
and Associates. [See
the Shrader petition.]
UTAH
Slain Arizona couple were parents to Salt Lake defense
attorneys
By Roxana Orellana, The Salt Lake Tribune
02-03-12 --
A Salt Lake City defense attorney confirmed Thursday that
his parents died Monday in a suspicious house fire at the
couple’s Arizona home.
. . . Police are
investigating the fire at the Paradise Valley home of
Lawrence and Glenna Shapiro, ages 79 and 78, respectively,
as a homicide-arson. The bodies were found bound in the
house’s master bedroom, police said.
. . .
Paradise Valley
police also confirmed Thursday evening that the Maricopa
County Medical Examiners Office had positively identified
the remains of the Shapiros using dental records.
. . . The Shapiros
are the parents of David and Steven Shapiro, who have
practiced law in Utah for nearly two decades.
. . .
Steven Shapiro said
the family was first notified by some of his parents’
neighbors about what had happened.
Bill to regulate non-lawyer immigration consultants
advances to the Senate
By Marjorie Cortez, Deseret News
02-02-12 --
A bill to regulate non-attorney "immigration consultants"
and prevent predatory practices in the immigrant community
advanced to the full Senate Thursday afternoon, following a
debate where one lawmaker called it a restraint on trade
that won't benefit consumers.
. . . Sen. Luz
Robles, D-Salt Lake, said she introduced the legislation to
address the high incidence of fraud among "immigration
consultants" hired by refugees and undocumented residents to
assist them with immigration matters such as filling out
immigration forms.
. . . SB144, which
was heard by the Senate Business and Labor Committee, would
require consultants to register with the state Division of
Consumer Protection, undergo criminal background checks and
post bonds. It also creates a complaint process for people
who have been defrauded.
WISCONSIN
7th Circuit disbars well known Milwaukee lawyer
By Bruce Vielmetti of the Journal Sentinel
02-03-12 --
If you're a lawyer, it's never wise to ignore "orders to
show cause," especially when they're coming from a federal
appeals court.
. . . Milwaukee
criminal defense attorney
Bridget Boyle-Saxton learned that the hard way
Thursday, when the U.S. 7th Circuit Court of Appeals banned
her from further practice in the federal courts in
Wisconsin, Illinois and Indiana. Boyle handles a significant
number of cases, both civil and criminal, in federal court.
. . . "She is unfit
to practice law in this court,"
the court ordered. "Abandonment of a client in a
criminal case is reprehensible. Ignoring orders entered by a
court is inexcusable. We have disbarred lawyers in similar
circumstances."
. . . Boyle-Saxton
said Thursday she hadn't seen the order and seemed
surprised. She did not respond to a request for comment by
the end of Thursday.
|
HELP KEEP
VICTIMS-OF-LAW ON THE WEB
SHOP OUR ADVERTISERS
OR
CONTRIBUTE NOW
|
January 28, 2012
-- January 31, 2012
GENERAL
Google filing accuses law firm of disloyalty
Susan Decker, Bloomberg News | San Francisco Chronicle
01-31-12 --
Google is sparring with a law firm it's been using since
2008 after discovering that lawyers there began representing
a patent-licensing business that sued the company's Android
partners last month.
. . . Google claims
Pepper Hamilton never provided notice that the law firm was
hired by Digitude Innovations, which filed
patent-infringement complaints against handset makers,
including Android partners HTC and Samsung Electronics.
Pepper Hamilton should be disqualified from the case, Google
said Friday in a request to the U.S. International Trade
Commission in Washington, where one of the complaints was
filed.
. . . "In short,
Pepper Hamilton is accusing its own client of infringement,"
Google said in the filing. "Pepper Hamilton should not be
allowed to continue alleging infringement against the
products and interests of its current client."
Attorneys’ open letter gives phone numbers,
addresses of objectors to $3.4B Indian trust deal
By Associated Press | Washington Post
01-31-12 --
Carol Good Bear says she worries for her safety after the
attorneys who negotiated a $3.4 billion settlement over
misspent Native American land royalties published the phone
numbers and addresses of the four people objecting to the
deal.
. . . Good Bear, of
New Town, N.D., started receiving angry phone calls about a
week ago, after the letter went out. She has since unplugged
her home phone and started screening her cellphone calls.
. . . “To put my name
out there for the public, I think that’s scary that these
attorneys would use this tactic and intimidate me into
dropping my appeal,” she said. “I don’t have protection. If
somebody is upset about all this and comes at me with a gun,
what am I supposed to do?”
. . . The attorneys
who published the Jan. 20 open letter represent up to
500,000 plaintiffs in the class-action lawsuit named after
Elouise Cobell, the Blackfeet woman from Montana who spent
nearly 16 years trying to hold the U.S. government
accountable for more than a century’s worth of mismanaged
Native American accounts.
The Upsides of the SEC's No-Guilt Deals for In-House
Lawyers
Sue Reisinger, Corporate Counsel
01-31-12 --
Consider the curious case of Jay Lapine. Between 2003 and
2009, the onetime general counsel of McKesson HBOC Inc.
successfully fought off two criminal indictments for
financial reporting fraud. Then he settled civil charges
with the Securities and Exchange Commission, agreeing to pay
a $60,000 penalty and to not practice before the commission
or act as an officer or director of a public company for
five years. Sounds like a bitter pill to swallow.
. . . But there was
one sweet side benefit for Lapine (pronounced "la-PINE," as
in the evergreen tree). By not admitting any misconduct, he
was able to escape disbarment proceedings brought against
him in Ohio. A little-known Ohio Supreme Court ruling in
December 2010 dismissed the disbarment case, citing the
neither-admit-nor-deny settlement as failing to
prove wrongdoing.
The Am Law 100, the Early Numbers: Madoff Work Helps
Boost Baker & Hostetler Revenue 14 Percent
Posted by Susan Beck, AmLaw Daily
01-30-12 --
Buoyed by its work on the Bernard Madoff liquidation
proceedings, Baker & Hostetler saw its gross revenue jump 14
percent last year to $440 million, while profits per equity
partner increased 11 percent to $845,000, according to The
American Lawyer's reporting. Revenue per lawyer stayed flat,
at $600,000.
. . . Roughly 20
percent of the firm's revenue appears to stem from its work
on the liquidation of Bernard L. Madoff Investment
Securities LLC. The firm received a $44 million fee award in
June, and a $45 million award in October. (These fees are
paid by the Securities Investor Protection Corporation, and
are not deducted from money recovered for Madoff investors.)
To date, the firm has earned more than $210 million from its
work on the Madoff case.
DELAWARE
Edwards Wildman Hits Back at Allegations Over Managing
Partner's Affair
Posted by Brian Baxter, AmLaw Daily
01-27-12 --
Edwards Wildman Palmer is hitting back over a
salacious suit filed earlier this month in which two
former partners accuse the Am Law 100 firm's
soon-to-be-former managing partner Walter Reed of putting
his amorous pursuits ahead of the firm's interests in
negotiating a merger last year.
. . . In a
17-page motion to dismiss and compel arbitration filed
Thursday in Delaware's Chancery Court, the firm claims that
by filing the suit, ex-partners Lawrence Cohen and Jay
Rosenbaum violated their partnership agreement with their
former employer in a power play for more money.
DISTRICT OF COLUMBIA
AG Holder 'Bound and Determined' For Justice In Residential
Mortgage Securities Market
Posted by Mike Scarcella, BLT, The Blog of the Legal Times
01-27-12 --
The financial fraud group that is investigating the market
for residential mortgage-backed securities has already
issued civil subpoenas to 11 financial institutions,
Attorney General Eric Holder Jr. said today in formally
announcing the team of lawyers and federal agents.
. . . Holder and top
Obama administration officials, speaking today with
reporters at the Justice Department, declined to discuss the
details of the pending investigations. The focus of the
group is on the organization and securitization of home
loans, not loan servicing.
. . . Holder said the
working group, which President Barack Obama noted in his
State of the Union speech Tuesday, will include 55 U.S.
Justice Department attorneys, in addition to resources from
several state attorneys general and law enforcement agencies
such as the FBI.
MASSACHUSETTS
Lawyer Admits Stealing Case File, Got Law License Despite
Prior Bomb-Threat Charge
By Debra Cassens Weiss, ABA Journal
01-30-12 --
A Massachusetts lawyer told a judge last Thursday that he
should have heeded the advice of the state Board of Bar
Examiners, which had warned him not to start a solo practice
because of the stress it entailed.
. . . The board
issued a law license for the lawyer, Ilya Ablavsky, even
though he had a prior record that included charges of making
bomb threats while a student at Brandeis University in 1999,
the
Salem News reports. On Thursday, Ablavsky pleaded
guilty to a charge of tampering with a court record for
stealing a court file in a murder case.
Ad agency's copyright suit against law firm heads to
trial, minus contract claim
Sheri Qualter, The National Law Journal
01-26-12 --
An advertising agency's copyright lawsuit against personal
injury firm Parker Waichman can move forward to trial next
month, but without a breach-of-contract claim.
. . .
District Judge
Michael Ponsor of the Springfield division of the District
of Massachusetts issued the order on Jan. 25 in
Market Masters-Legal Inc. v. Parker Waichman.
. . .
Ponsor wrote that
"the court must conclude that the overwhelming weight of
authority supports dismissal, on the grounds of pre-emption,
of the contract claim in this case." Ponsor also wrote that
the ruling eliminates any claim for liquidated damages.
NEW
HAMPSHIRE
Longtime NH Law Firm Wiggin & Nourie to Close Its Doors
After Losing 20 Lawyers
By Martha Neil, ABA Journal
01-30-12 --
A longtime New Hampshire law firm that can trace its roots
back to the 1860s and has helped launch the careers of a
number of prominent prosecutors and judges will soon be
closing its doors, after losing 20 lawyers since 2010.
. . . L. Jonathan
Ross, who serves as president of
Wiggin & Nourie, said it is winding down its
operations due to an "ultracompetive" legal market, the
Boston Business Journal reports.
NEW
YORK
Some NY Law Firm Reps Said to Be Clueless as FBI Warned of
Hackers Seeking Corporate Data
By Debra Cassens Weiss, ABA Journal
01-31-12 --
Representatives from New York’s top 200 law firms learned
about hacking risks in a meeting with the FBI last November,
and some were better prepared than others.
. . . The FBI’s cyber
division in New York City held the meeting because of the
rising number of law firms getting hacked,
Bloomberg News reports. A warning was issued:
Hackers are targeting law firms to access data about their
corporate clients.
. . . Mary Galligan,
who heads the FBI division that held the New York meeting,
talked to Bloomberg about the dangers. “As financial
institutions in New York City and the world become stronger,
a hacker can hit a law firm and it’s a much, much easier
quarry,” she said.
Lawyer for Bernie Fine's wife rips attorney Gloria
Allred over allegation of sex with Syracuse
University players
By John O'Brien / The Post-Standard
01-31-12 --
Laurie Fine’s lawyer this morning blasted the attorney
representing two of her husband’s accusers
for filing a salacious affidavit in a slander suit
against Syracuse University and basketball coach Jim Boeheim.
. . . Bobby Davis,
40, one of two Central New York men who filed the lawsuit,
claims in the affidavit filed Monday in court that he
overheard the wife of former SU coach Bernie Fine talking to
the wife of another coach about having had sex with SU
players.
. . .
“This is both
desperate and disgusting, an example of a lawyer flailing
about to keep a dying lawsuit in the public eye,” Fine’s
lawyer, Edward Z. Menkin, said in a phone interview.
. . .
He was taking aim at
Gloria Allred, the Los Angeles lawyer representing Davis and
his stepbrother, Mike Lang, in their slander suit. /
Click here to read the Bobby Davis affidavit.
NY Lawyer’s Immigration Fraud Scheme Netted Millions
of Dollars, Prosecutors Say
Carolyn Weaver, Voice of America
01-30-12 --
A federal judge held a preliminary hearing Monday in the
criminal case against a former New York immigration lawyer
who prosecutors say made millions of dollars leading a fraud
scheme that won legal immigration status for tens of
thousands of clients. .
. . Earl Seth David
pleaded not guilty last week to fraud and conspiracy charges
after being accused of operating one of the largest
immigration fraud schemes ever. Federal prosecutors say
that from 1997 to 2009, David’s New York-based law firm
created fraudulent immigration applications for 25,000
clients, charging each as much as $30,000.
. . . New York lawyer
Michael Mandel says the charges stem from forged promises of
employer sponsorship.
NORTH
CAROLINA
Discrimination Suit Against Mayer Brown Can Proceed, Judge
Rules
Posted by Sara Randazzo, AmLaw Daily
01-30-12 --
A lawsuit brought by a former
Mayer Brown associate in which she claims the
firm fired her because she is black can proceed, a North
Carolina federal judge ruled Friday. At the same time, the
judge cleared the way for counterclaims brought by Mayer
Brown that accuse the associate of improperly taking
confidential client documents in the months prior to her
September 2008 departure from the firm.
. . . U.S. District
Court Judge Max Cogburn's
denial (PDF) of the dueling motions for summary
judgment comes more than two and a half years after the
former associate, Venus Yvette Springs, first took legal
action against the firm. In an
amended complaint (PDF) filed in November 2009 in
Charlotte federal court, Springs, who is black, alleges that
Mayer Brown routinely discriminated against her because of
her race, and ultimately fired her for the same reason in
May 2008.
PENNSYLVANIA
Prosecutors to deliver names of alleged victims to Sandusky
attorney
By Mike Dawson, State College - Centre Daily Times
01-31-12 --
Prosecutors say they will provide Jerry Sandusky’s attorney,
Joe Amendola, with the names of his accusers by Friday, but
argue that they should not be required to provide other
details requested by Amendola.
. . . In a document
filed Monday in Centre County court, Senior Deputy Attorney
General Jonelle Eshbach wrote that the identities of all 10
victims mentioned in two grand jury presentments will be
delivered to attorney Joe Amendola by the close of business
Friday.
. . . In the grand
jury presentments, two of the alleged victims had not been
identifed. It was unclear whether prosecutors now know the
identities of those people.
New Divorce Book For Men Written by Brodheadsville
Custody Lawyer Connie J. Merwine To Help Men Who
Feel Helpless Against The Pennsylvania Divorce
Process - MHK Attorneys
Noticing an absence of viable
information available for men facing divorce or custody
issues, Stroudsburg divorce lawyer, Connie J. Merwine of MHK
Attorneys, writes new family law book exclusively for men
explaining the ins and outs of any Tannersville divorce or
custody case.
PRWEB
01-30-12 --
Stroudsburg divorce lawyer, Connie J. Merwine, has written
"The Men's Book: Divorce in Pennsylvania," a compact and
clearly organized book, designed to help Pennsylvania men
understand their rights and options. It helps to guide
readers through what steps to take (and what steps not to
take) when a marriage is broken.
. . . Written in
clear language, this book includes the following: / 25
important truths for Men confronting divorce. / Steps to
take to prepare for divorce. / 42 financial records with
which every man should be familiar. / 15 questions to
consider before hiring a divorce lawyer. / Stages of
divorce. / Overview of the divorce process. / Factors used
to determine equitable distribution / 17 factors used to
determine alimony. / A list of helpful books. / A resource
guide to help clients through this troubling time. / Much,
Much, More!
. . . Drawing on
years of experience helping men through divorce, along with
financial and custody issues, the Tannersville custody
attorneys of MHK Attorneys provide an invaluable resource
for any man trying to move on after a broken or abusive
relationship. If a client's family structure is changing,
they need the assistance of an experienced and compassionate
attorney to ensure that their best interests and financial
security are protected.
TENNESSEE
Legal assistant accused of ripping off boss for $180K
By Jamie Satterfield, Knoxville News Sentinel
01-27-12 --
While a legal assistant was lightening her boss' coffers,
she treated herself to a slimming surgery with her
ill-gotten gains, court records allege.
. . . Melisa Rebecca
Thacker has struck a deal with federal prosecutors to plead
guilty next week in U.S. District Court to a mail fraud
charge in connection with the embezzlement of more than
$180,000 from Tammy Kaousias' law firm on Gay Street,
records show.
. . . Thacker used
$3,000 of those purloined funds to pay for gastric-bypass
surgery, according to the plea agreement filed by Assistant
U.S. Attorney Jennifer Kolman.
. . . According to
the plea agreement, Kaousias hired Thacker as a legal
assistant and office manager in 2007.
TEXAS
Grand jury won't indict DA's office, but issues strong
rebuke
Brian Roger, Houston Chronicle
01-31-12 --
A Harris County grand jury ended its session Tuesday, ending
a months-long investigation into the district attorney's
office and the Houston Police Department's DWI testing
vehicles with a blistering report, but no indictments.
. . . "There was no
evidence of a crime," said grand jury foreman Trisha
Pollard.
. . . Pollard signed
off on a one-page report blasting the DA's office for
"unexpected resistance" and accusing the office of launching
an investigation into the grand jurors, the special
prosecutors and judges.
. . . The grand jury
also harshly criticized Rachel Palmer, a prosecutor who
invoked her fifth amendment right to refuse to testify.
. . . "The stain upon
the HCDAO will remain regardless of any media statements
issued or press conferences issued by anyone," according to
the statement.
Another Bite At the Apple: Inventor Sues His Former
Lawyers for a Second Time
Brenda Sapino Jeffreys, Texas Lawyer
01-30-12 --
In the wake of a recent Texas Supreme Court opinion, an
inventor is seeking to revive his $100 million suit against
his former lawyers.
. . . Vernon F.
Minton of Fort Worth lost a state-court malpractice suit
against lawyers who represented him a decade ago in a
patent-infringement suit. On Jan. 20, he filed a negligence
suit in federal court.
. . . In his federal
complaint in Minton v. Gunn, et al., filedin the U.S.
District Court for the Eastern District of Texas, Minton
alleges the defendants were negligent in how they handled
the underlying infringement suit, and he seeks a minimum of
$100 million in actual damages from them. That figure is
what he planned to ask for in damages in the underlying
infringement suit./ [See
the Minton complaint.]
|
Vista Print a Victims-of-Law Associate |
January 25, 2012
-- January 27, 2012
GENERAL
How Allen Stanford's SEC Connections Enabled His $7 Billion
Ponzi-Scheme
Former SEC attorneys worked
for Ponzi-scheme suspect
By Murray Waas, Reuters | Huffington Post
01-26-11 --
In 2009, federal investigators finally arrested Houston
financier R. Allen Stanford. For twenty years, Stanford
allegedly had run a $7 billion Ponzi scheme from his
offshore bank on the Caribbean island of Antigua. U.S.
authorities had been nosing around Stanford's empire for
longer than a decade but hesitated to open a full-blown
probe.
. . . As Stanford's
trial began this week, one question left unanswered was: How
did he keep authorities at bay for so long? A Reuters
examination of his case finds that the answer lay in part in
the legal advice he obtained from former SEC officials and
other ex-regulators and law-enforcement officials.
. . . Among those
Stanford sought help from was famed securities lawyer Thomas
Sjoblom . Then a partner at the international law firm of
Proskauer Rose and chair of its securities practice, Sjoblom
also was a former 20-year veteran of the U.S. Securities and
Exchange Commission's enforcement division.
New Year, New Law Firm Lawsuit-Palooza
Posted by Sara Randazzo, AmLaw Daily
01-23-11 --
Less than a month old, 2012 has already seen a hefty dollop
of litigation activity involving large law firms as parties
rather than counsel. The latest round of suits finds angry
ex-employees suing over allegedly unpaid severance,
ex-clients asking judges to settle old scores, and one firm
suing another over contingency fees racked up by former
partners.
. . . Among the more
intriguing matters to land on The Am Law Daily's desk
lately: a January 20
ruling (PDF) by the U.S. Court of Appeals for the
Seventh Circuit that revives a malpractice suit brought
against Chicago law firm
Neal, Gerber and Eisenberg.
. . . In its ruling,
the Seventh Circuit reversed a lower court's decision
dismissing the suit brought against Neal Gerber in 2009 by
Mary Bucksbaum Scanlan, the daughter of the founding family
of real estate investment trust General Growth Properties. (Scanlan
amended her complaint in 2010.)
CALIFORNIA
Lawyer pleads guilty to embezzlement
She could serve up to a year
in jail
Written by Aaron Burgin, San Diego-Union Tribune
01-24-11 --
A Carlsbad attorney pleaded guilty Tuesday to stealing more
than $100,000 from two of her former clients, paving the way
for those clients to be financially compensated for their
losses.
. . . As part of a
plea agreement with prosecutors, Patricia Gregory pleaded
guilty to one felony count of embezzlement, one misdemeanor
count of embezzlement and a misdemeanor count of practicing
law without a license.
. . .
She faces no more
than one year in county jail under the terms of the
agreement.
. . .
Gregory initially
faced 11 felony counts alleging theft of $112,000 from her
clients, Luwain Ng and Denise Doll, in 2008. Eight of the
charges were dropped and two were downgraded as part of her
guilty plea.
DISTRICT OF COLUMBIA
Race Under Way to Find Next DOJ Antitrust Chief
Posted by Jenna Greene, BLT, The Blog of the Legal Times
01-24-11 --
With the Justice Department's announcement yesterday that
Antitrust Division head Sharis Pozen is stepping down,
speculation in the antitrust bar ramped up over her
replacement.
. . . William Baer of
Arnold & Porter has the inside track for the job,
well-connected lawyers agree, but other names in contention
include O’Melveny & Myers antitrust chair Richard Parker,
Senate antitrust subcommittee general counsel Seth Bloom and
Antitrust Division special advisor Leslie Overton.
. . . Baer heads the
antitrust group at Arnold & Porter – the same firm that was
lead antitrust counsel for AT& T Inc. in its failed $39
billion bid for T-Mobile USA Inc. Pozen’s highest-profile
move as acting head of the Antitrust Division was filing
suit to block the deal in August. The merger was abandoned
by the companies in December.
FLORIDA
Bilked of $285K in Web Scam, Law Firm Faces Fla. Bar Probe
re Its Related Financial Practices
By Martha Neil, ABA Journal
01-25-11 --
Losing $285,000 in a scam by a virtual client has proven to
be doubly painful for a Florida law firm.
In addition to losing the
money, which federal prosecutors are trying to regain
through a bank forfeiture action, the KEL Law Firm is also
facing a Florida Bar inquiry about its related due-diligence
and financial practices, reports the
Orlando Sentinel.
. . . Contacted over
the phone by a purported client it never met, who gave his
name as David Benson and claimed to be a business consultant
seeking to sue a former boss, the law firm got in touch with
the man "Benson" identified as his former boss, Fred
Sanders. He sent the firm a purported settlement check,
which KEL deposited into a law firm account.
ILLINOIS
Man 'planned to extort a wealthy former attorney then
electrocute him in the bath - and frame the cat as the
culprit'
FBI say they foiled the plot
by Brett Nash, 45, after he enlisted the help of a reformed
convicted killer
By Daily Mail Reporter
01-27-11 --
A man has been charged with conspiring to kidnap, extort and
electrocute a wealthy man in a plot that he planned to blame
on his intended victim's cat.
. . .
Federal investigators
helped by a conscientious paroled killer say they foiled a
plot dreamt up by Brett Nash, 45, of Illinois.
. . . The intended
victim has been identified only as a former corporate
attorney in the southern Illinois industrial town of Granite
City who long pursued sex with Nash's wife.
Judge orders McHenry County to pay $290,000 in legal
fees for Bianchi case
County officials are still
fighting the bills
By Robert McCoppin, Chicago Tribune reporter
01-27-11 --
A judge on Thursday ordered McHenry County to pay about
$290,000 in legal fees for the failed prosecution of State's
Attorney Louis Bianchi — though the county is still fighting
the bills.
. . . Circuit Court
Judge Gordon Graham ordered the payments to special
prosecutors Thomas McQueen and Henry "Skip" Tonigan and
investigators Quest Consultants International, attorneys
involved in the case said.
. . . The judge
rejected the county arguments that the prosecutors' hourly
fees should be cut from $250 to $91.50.
INDIANA
Federal Judge’s Footnote Hits Employment Lawyer for TMI in
Legal Briefs
By Debra Cassens Weiss, ABA Journal
01-25-11 --
A federal judge has granted partial summary judgment to the
Indiana State Department of Health in an employment
discrimination case that takes the plaintiff’s lawyer to
task for filing legal documents containing immaterial
information.
. . . The
Legal Writing Prof Blog notes the November
opinion (PDF) by U.S. District Judge Tanya Walton
Pratt.
. . . The suit by
plaintiff Micah Williams, formerly division director of
quality assurance at the health department, alleged he was
the victim of illegal discrimination when his supervisor put
mostly African-American employees under his supervision and
proposed cutting his pay. He also alleged his employer
retaliated after he filed a complaint with the Equal
Employment Opportunity Commission.
. . . Pratt allowed
the retaliation claim, based on Williams’ transfer to a new
job after complaining of discrimination. “Following his
transfer,” Pratt wrote, “Williams did not supervise any
employees. In the fact section of his response, plaintiff’s
counsel colorfully describes the new position as one
‘without apparent responsibilities, in the equivalent of a
broom closet.’”
IOWA
Update: Trust gives up claim on Hot Lotto jackpot
by Daniel Finney, DesMoinesRegister.com (blog)
01-26-11
-- Someone really
doesn’t want to be a multi-millionaire.
. . . The New York
attorney for a trust attempting to claim a Hot Lotto jackpot
worth as much as $14.3 million has withdrawn any claim to
the prize, Iowa Lottery officials said Thursday evening.
. . . Crawford Shaw,
the enigmatic 76-year-old attorney who represented Hexham
Investments Trust, confirmed in a phone interview with The
Des Moines Register that he was withdrawing any claim to the
jackpot. He declined further comment beyond a statement
issued Thursday by a Des Moines law firm that had worked on
the trust’s behalf.
. . . The statement
from Davis, Brown, Koehn, Shors & Roberts PC said the
identity of the purchaser was not disclosed even to Shaw.
Shaw did tell the lottery that his client was from Belize,
lottery officials said.
. . . The statement
also said the trust on Wednesday had submitted an offer to
the Iowa Lottery authorizing that all of the prize proceeds,
after taxes, be paid to Iowa charities and other charities
selected by the trust and approved by the lottery.
. . . Lottery
officials declined that offer Thursday, saying payment of
the prize would not be made to any party until the identify
of each person who bought and possessed the ticket was
disclosed, the statement said.
. . . In another
development, the Iowa Attorney General’s Office and the
state Division of Criminal Investigation announced they are
conducting a criminal investigation.
. . . The latest
revelations proved the strangest twists yet in a bizarre
jackpot case that has stretched more than a year.
KENTUCKY
Stan Chesley Wins Dismissal of Suits Filed Against Him in
Connection with Catholic Sex-Abuse Case
Posted by Claire Zillman, AmLaw Daily
01-25-11 --
Though he is still awaiting a Kentucky supreme court ruling
on whether he should be disbarred, legendary plaintiffs
lawyer Stanley Chesley is facing one less legal threat
stemming from his conduct in a class action settlement. .
. . On Friday, Kenton
County circuit judge Gregory Bartlett dismissed two lawsuits
alleging that Chesley had defrauded clients in the
settlement of a sex-abuse class action suit against the
Diocese of Covington, Kentucky,
according to the Louisville Courier-Journal. (The
suits also named Chesley's Cincinnati-based law firm,
Waite, Schneider, Bayless & Chesley, and his
colleague Robert Steinberg as defendants.)
|
PowWeb is a Victims-of-Law
Affiliate as well as a client of PowWeb |
MASSACHUSETTS
Lawyer admits stealing murder case file
By Julie Manganis, Staff writer The Salem News
01-27-11 --
A Lynn lawyer admitted yesterday to stealing the court file
and original indictments in a murder case, though he's now
not sure why he did it.
. . .
Both a prosecutor and
a judge called Ilya Ablavsky's theft of the file "an attack
on the integrity of the justice system."
. . .
"But for his mental
health issues, with Mr. Ablavsky being an attorney, I would
view this as a case for state prison," said Salem Superior
Court Judge David Lowy, who suggested that, as a sworn
officer of the court, Ablavsky was in a position to know
just how wrong his actions were.
. . .
Instead, Ablavsky,
33, who pleaded guilty to a charge of tampering with a court
record, was sentenced to 18 months in jail. All but the 64
days he spent in custody before being released on house
arrest were suspended, however, and he will now spend two
years on probation, Lowy ordered.
. . .
His lawyer said
Ablavsky is expected to lose his law license.
MINNESOTA
Packing prosecutors? Minn. House committee would let county
attorneys carry heat on duty
Alexandra Tempus, Associated Press | The Republic
01-26-11 --
Less than two months after a Minnesota prosecutor was shot
by a defendant in a Grand Marais courthouse, a legislative
committee advanced two bills designed to beef up security
for county attorneys, including one that would let
prosecutors carry guns.
. . . The star
witness at Thursday's House public safety committee hearing
was Tim Scannell, the Cook County attorney who was shot
three times Dec. 15 by the man he had just successfully
prosecuted in a criminal sexual conduct case. Scannell
showed no outward sign of his injuries as he took his seat
to address the committee.
. . . "When you
attack a prosecutor, you are not just attacking an ordinary
citizen," Scannell testified. "You are making a political
statement that the charges against you are, that the crime
the state believes you have committed, should somehow be
nullified. I think that's what occurred in my situation."
NEW
JERSEY
Lawyer Suing Hot Ex-Girlfriends Over Scathing Relationship
Reviews on LiarsCheatersRUs Speaks Out
By Staci Zaretsky, Above the Law Blog
01-17-11 --
A lesson that Matt Couloute Jr. is learning.
. . . It’s a sad
fact, but almost everyone has had the opportunity to partake
in a bad romance or two. And although it may sound elegant
when
Lady Gaga sings about it, in real life, it can be
devastating. That’s why websites like
LiarsCheatersRUs were created — so that jilted
lovers could have a place to unleash their angst about
failed relationships caused by a lover’s supposed
infidelity.
. . . But what
happens when you’re a lawyer and a scorned ex-girlfriend
lets loose on the internet about your infidelities? That is
apparently what happened in the case of
Matthew Couloute Jr., a former prosecutor and
Court TV analyst, after he allegedly cheated on
Amanda Ryncarz.
NEW
YORK
Man Brought to NY From Canada Over Fraud Charges
By Larry Neumeister, Associated Press | ABC News
01-26-11 --
A former operator of a New York-based immigration law firm
has been extradited to the United States from Canada to face
charges he led a massive immigration fraud ring that
processed thousands of false immigration applications,
earning millions of dollars in fees, authorities said
Wednesday.
. . . Earl Seth
David, 47, was brought to New York on Tuesday to face
charges including conspiracy to commit immigration fraud,
conspiracy to make false statements to immigration
authorities and conspiracy to commit money laundering. He
was arrested in Canada on Oct. 11.
. . . Federal
prosecutors said David's firm made millions of dollars by
charging high fees to illegal immigrants to fraudulently get
them legal immigration status before he fled to Canada in
2006. His law firm closed in 2009.
Judge Dismisses Malpractice Suit Against Carter
Ledyard
Brendan Pierson, New York Law Journal
01-26-11 --
Carter Ledyard & Milburn has won dismissal of a malpractice
suit by a client alleging the firm mishandled his wrongful
termination action against Lehman Brothers Inc. Acting
Supreme Court Justice Eileen A. Rakower in Manhattan ruled
on Jan. 19 in
Meimeteas v. Carter Ledyard & Milburn,
100857/11, that plaintiff Angelo Meimeteas had not
successfully alleged the firm caused him any losses.
. . . Mr. Meimeteas,
represented by Carter Ledyard, sued Lehman in 2005 alleging
he was fired for refusing to engage in unethical behavior.
In 2006, he alleges, the law firm told him that he could
more easily win a settlement if he put his case on hold and
agreed to testify in a different case involving Lehman. Mr.
Meimeteas alleges he agreed to do so, but that the law firm
subsequently stopped responding regularly to his questions
about his suit until Lehman filed for bankruptcy in 2008.
Mr. Meimeteas filed a claim against the Lehman estate, but
it was denied. He then sued the law firm for malpractice.
May Lawyers Offer Groupon Deals? New York Ethics
Opinion Allows It, with Caveats
By Debra Cassens Weiss, ABA Journal
01-26-11 --
Lawyers who want to market discounted services with Groupon
or similar websites won’t run afoul of state ethics rules if
guidelines are followed, according to a New York ethics
opinion.
. . . The money paid
to the website running the ad is not an improper referral
fee, as long as it is a reasonable payment for the type of
advertising, according to the
opinion (PDF) by the New York State Bar
Association Committee on Professional Ethics.
Former Teamsters lawyer accused of stealing $200k
Thomson Reuters
01-25-11 --
The former general counsel for a Teamsters union has been
indicted for defrauding it of more than $200,000 by using
forged receipts for legal work and continuing legal
education courses.
. . . Kevin Clor, 40,
who served as counsel for New York State Thruway Employees
Local 72 from 2001 to 2011, faces two counts of grand
larceny and multiple counts of possessing forged documents
and falsifying business records.
. . . Clor pleaded
not guilty on Wednesday in Manhattan state court before
Acting Supreme Court Justice Carol Berkman.
. . . Between January
2006 and May 2011, prosecutors say that Clor submitted about
150 forged receipts to the union. The receipts included
invoices for more than $100,000 in continuing legal
education courses that prosecutors say Clor never attended.
Ex-Prosecutor Told Cops She Fired 9mm ‘Barbie Gun’
to Show Local Teen It Wasn’t a Toy
By Martha Neil, ABA Journal
01-25-11 --
A former New York prosecutor who is now in private practice
reportedly told police she fired a pink 9mm pistol into a
ground to show a neighborhood teen it wasn't a toy "Barbie
gun" after becoming exasperated when somebody repeatedly
rang her doorbell and disappeared.
. . . “I shot that
gun yesterday for the first time. I felt like I had balls,”
Bernadette Greenwald told Long Island police after the
incident, reports the
New York Post. She practices law under her maiden
name of Bernadette Nicchia.
. . . Charged with
second-degree menacing, reckless endangerment and unlawful
use of a weapon, she was released without bail after her
arraignment yesterday.
Lawyer Helps Blow the Whistle on Alleged Cruise Ship
Scammers
By Martha Neil, ABA Journal
01-25-11 --
A personal injury lawyer from New York called police after
he became suspicious of would-be clients who claimed their
daughter and granddaughter died aboard the Costa Concordia.
. . . With lawyer
Peter Ronai’s help, police arrested three Hungarians in the
suspected scam,
UPI reports. The
New York Post and the
New York Daily News have stories based on
interviews with the attorney.
. . . Ronai, who
speaks Hungarian, was in Budapest representing six survivors
from the sunken ship when he got a call from a woman who
said her daughter and 5-year-old granddaughter were missing.
The woman said her missing relatives were on the sunken
ship, though they weren’t on the manifest.
NORTH
CAROLINA
Durham DA Tracey Cline suspended
WTVD, abc11.com
01-27-11 --
A judge ordered Durham County District Attorney Tracey Cline
suspended Friday pending the outcome of a hearing.
. . .
Franklin County Judge
Robert Hobgood made the decision as he ruled a petition
filed against Cline has merit.
. . . Hobgood ruled
on an 11-page affidavit filed earlier this month by Durham
lawyer Kerry Sutton that says Cline should be removed from
her office on the grounds of habitual intemperance and
conduct prejudicial to the administration of justice. In his
filing, Sutton said ongoing attacks Cline has made against
Superior Court Judge Orlando Hudson are grounds for her
removal.
OHIO
Trial Attorney Who Seemed to Have It All Is Now in Jail
Awaiting a Bed in Drug Rehab Program
By Martha Neil, ABA Journal
01-26-11 --
Once a handsome, successful and charismatic criminal defense
lawyer described by a fellow Ohio attorney and friend as
brilliant in the courtroom, David Scacchetti has had a
spectacular fall from grace.
. . . Facing a felony
heroin possession charge, the 55-year-old is represented by
a public defender and has appeared disheveled in court, the
Cincinnati Enquirer reported last week.
. . . His law license
was indefinitely suspended today by the Ohio Supreme Court.
A slip opinion says this was due to his neglect of client
matters and failure to cooperate with an attorney
disciplinary investigation, among other issues.
PENNSYLVANIA
'Master con woman' Sweeten gets 8-year sentence
By Nathan Gorenstein, Philadelphia Inquirer Staff Writer
01-26-11 --
One hundred months in federal prison.
That was how the Bonnie Sweeten saga ended Friday in U.S.
District Court as the Bucks County mother and fake kidnap
victim was finally sentenced by U.S. District Judge William
H. Yohn Jr.
. . . "You've done
great wrong, and you have to pay the price," Yohn said,
calling her a "master con woman." He estimated she committed
about 2,000 specific fraudulent acts over five years of
thieving.
. . . "I'm very
ashamed of myself," Sweeten said, before turning to her
parents and telling them they did not deserve the pain she
had caused.
. . . Sweeten used a
complex series of deceptions to steal $1.076 million,
starting in 2004, when she was working as a paralegal in
Bucks County for now-disbarred lawyer Debbie Carlitz. About
$640,000 was taken from law firm accounts, while an
additional $280,000 was stolen from an elderly relative's
retirement account. She also forged a passport, driver's
license, and a court order.
TEXAS
Investment firm sues Orrick for $95 mln over failed loan
deal
Thomson Reuters
01-26-11 --
A Dallas-based investment company has launched a $95 million
lawsuit against
Orrick, Herrington & Sutcliffe, claiming that the
law firm's negligence led to losses from a collapsed loan
deal in 2008 with the
Royal Bank of Scotland.
. . . Highland
Financial Partners and its affiliates filed suit on
Wednesday in the District Court of Dallas County, alleging
that Orrick failed to tell it about a provision in a loan
agreement with the Royal Bank of Scotland. That provision
enabled the bank to cancel the contract at will and ended up
costing Highland nearly $100 million in damages, the lawsuit
asserts.
. . . Specifically,
the lawsuit alleges that Orrick failed to tell Highland that
amendments to a pending $500 million loan deal with Royal
Bank, which extended the deadline to close the contract, did
not eliminate a provision that allowed the bank to terminate
the pact. Highland asserts that had it known that the bank
could end the deal at will, it would not have paid $65
million to extend the terms. Highland seeks that amount from
Orrick, plus damages to cover the cost of a $30-million
judgment that the Royal Bank won against Highland in
connection with the deal.
Galveston judge fined $7,500 in malpractice lawsuit
fight
By Harvey Rice, Houston Chronicle
01-26-11 --
Galveston County Court-at-Law Judge Christopher Dupuy was
fined $7,500 Thursday for improperly trying to remove the
judge overseeing a malpractice lawsuit against him.
. . . The sanction is
the latest in a series of troubles that have befallen Dupuy
since his election in 2010, many of them causing attorneys
to raise questions about the judge's conduct in the
courtroom as a judge and a defendant. His actions have
soured Dupuy's relations with attorneys in his court as well
as with other judges in the Galveston County courthouse.
. . . The sanction
imposed Thursday by visiting Judge Elizabeth Ray came in a
malpractice lawsuit brought against Dupuy for a case he
handled as an attorney before being elected judge. Ray found
that Dupuy's effort to remove visiting Judge Shearn Smith
from the malpractice case was a delaying tactic. A recusal
motion accuses a judge of being too biased to hear a case.
Once a recusal motion is filed, the case is halted until
another judge rules on the motion.
. . . The fine isn't
the first Dupuy has been ordered to pay in the lawsuit.
Fake Attorney Allegedly Targeted Spanish-speaking
Immigrants
Written By myfoxhouston.com
01-25-11 --
Criminal charges have been filed against a woman accused of
posing as an immigration attorney.
. . . Elizabeth
Scott, 37, is charged with falsely holding oneself out as an
attorney.
. . . Scott told her
clients/victims that she was an attorney and she could
prevent them or family members from being deported,
according to the Harris County District Attorney’s Office.
. . . She allegedly
targeted Spanish-speaking immigrants, many from
Mexico, and claimed she specialized in
immigration issues and had connections.
WISCONSIN
Law Prof Takes Sabbatical as Unpaid Rookie Prosecutor
By Martha Neil, ABA Journal
01-25-11 --
When
Patricia Bradford went to law school, she thought
she might be headed to a job as a prosecutor. And she was
right, as it turns out, except that it took her just a bit
longer to land the job than she expected—more than three
decades after her 1981 graduation.
. . . A member of the
Marquette University Law School faculty since 1983, the
57-year-old Bradford decided to see whether she could get an
unpaid position with the Sheboygan County District
Attorney's office, about 40 minutes from her home in Mequon,
Wis., the
Journal-Sentinel recounts.
