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: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights November 20, 2008

By David Badertscher, PLL

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If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service. Calif. High Court to Rule on Gay Marriage Ban The Recorder The California Supreme Court has again inserted itself into the historic battle over same-sex marriage, agreeing Wednesday to decide the validity of Proposition 8, which limits matrimony to heterosexual couples. The court ordered opposing parties to file briefs that will help it decide whether the ballot measure was an improper revision of the state constitution, rather than just an amendment, and whether it violates the separation of powers. By and large, those on both sides of the issue were pleased. Trial of Syrian Arms Dealer Wraps Up in N.Y. Federal Court New York Law Journal A Syrian arms dealer argued Wednesday that he was merely helping Spanish intelligence when he explored a deal to sell weapons to Colombian terrorists for use against the United States. But the prosecutor in the case called the defense a "cat-and-mouse claim." New York federal prosecutors are trying to prove that Monzer al-Kassar and Luis Felipe Moreno Godoy agreed to sell millions of dollars in weapons to undercover informants posing as rebels with the Fuerzas Armadas Revolucionarias de Colombia. Sealed Memo in Spy Case Sees Light -- Briefly The Recorder As the first defendants in the nation to plead guilty to economic espionage charges, Ming Zhong and Fei Ye admitted they stole secrets from Silicon Valley companies and sought VC funding from the Chinese government. In preparation for sentencing Friday, Ye's lawyer asked a California judge to seal Ye's entire sentencing memo. Observers say the scenario highlights a practice on the court in which judges approve sealing orders to expedite the resolution of cases -- regardless of governing case law or standard. Former Judge Convicted for Lying About Injuries in Auto Accident The Legal Intelligencer Former Pennsylvania Superior Court Judge Michael T. Joyce was convicted Wednesday on charges that he lied about neck and back injuries and abused his position on the bench to receive a $440,000 payout from two insurance companies following an automobile accident. Found guilty on two counts of mail fraud and six counts of money laundering, Joyce faces a maximum of decades in prison, but a shorter sentence is likely because Joyce has no criminal record. Cadwalader to Oust Managing Partner The American Lawyer Cadwalader, Wickersham & Taft's former chairman and current managing partner, Robert Link Jr., was not included on a recommended slate of candidates for the firm's management committee given to partners Wednesday, according to a Cadwalader source and confirmed by Link. He gave up his chairman duties in February to real estate partner W. Christopher White, a longtime ally, but continued to run firm operations while White mapped out a new firm strategy that may de-emphasize the firm's work in capital markets. 3rd Circuit Issues One Win for Prosecutors, One for Defense The Legal Intelligencer The rule that prohibits a jury from hearing about a criminal co-defendant's confession doesn't apply in a non-jury trial because judges are capable of applying a rule of limited admissibility, the 3rd Circuit has ruled. In a second opinion authored by the same judge, the 3rd Circuit overturned a federal conviction for illegal gun possession after finding that the prosecutor's "repeated injection of prejudicial drug evidence into the trial testimony constituted prosecutorial misconduct." 1st Circuit Upholds Law Barring Marketers From Using Data on Doctors' Prescriptions The National Law Journal The 1st U.S. Circuit Court of Appeals has upheld a New Hampshire state law forbidding marketers from using information about doctors' prescription information that is patient- or prescriber-identifiable for certain commercial purposes. The ruling rejected the argument that the law violated the First Amendment by illegally restricting commercial speech. Ex-Thelen Lawyers Find New Home at Reed Smith The Recorder One of the last significant groups from Thelen has been picked up by Reed Smith. Thelen labor and employment Chairwoman Linda Husar and Los Angeles managing partner Thomas Hill, a member of Thelen's dissolution committee, will join Reed Smith along with three other partners and four associates, the latter firm said Wednesday. Husar and Hill have been said to split a book worth between $5 million and $10 million, with Kaiser Foundation Health Plan as a significant client. Secret Guantanamo Camp Opened to Defense Lawyers The Associated Press For the first time, defense lawyers were allowed to see a section of the Guantanamo prison that is so restricted, even its location on the U.S. base is secret. Two military lawyers for Ramzi Binalshibh, an alleged plotter of the Sept. 11 attacks, were granted 90 minutes to view Camp 7, a section for "high value" detainees that opened two years ago. The lawyers, who are determining if their client is competent to stand trial, said they were barred from revealing what they saw on the tour. N.Y. Panel Weighs 'Actual' Versus 'Threatened' Harm on Judge Pay New York Law Journal Members of a New York appeals panel reacted skeptically Tuesday to claims that judges protesting the lack of a pay raise must demonstrate actual harm to the operations and independence of the judiciary. Although "no one disputes" that New York state judges deserve a pay raise, "[n]o one can credibly say that the functioning of the judiciary has been impaired," said a lawyer urging the court to overturn an order directing the Legislature and governor to raise the pay of the state's judges within 90 days. Marc Jacobs Design House Pays $1M to Settle Fashion Week Scandal The Associated Press The design house affiliated with fashion star Marc Jacobs has paid $1 million to resolve allegations that it secured a prime location for its celebrity-studded New York City Fashion Week shows by bribing a state worker. "New York City is a global epicenter for fashion and cultural events," New York Attorney General Andrew Cuomo said in an announcement Wednesday, "and we will not allow corruption and greed to tarnish one of our most lucrative industries." New FMLA Rules Will Create More Confusion and Litigation, Attorneys Warn The National Law Journal The Family Medical Leave Act, which has long been a source of litigation and confusion in the workplace, has undergone major changes for the first time in its 15-year history. But those changes may cause still more confusion and litigation, attorneys note. The new rules, which take effect on Jan. 16, were a response to complaints by employers who say workers are abusing FMLA and employees who claim they're unfairly being denied FMLA and are often retaliated against for taking it. N.Y. Jury Convicts Opera-Loving Philanthropist The Associated Press Opera-loving philanthropist Alberto Vilar was convicted on fraud charges Wednesday for swindling investors, including the mother of actress Phoebe Cates, out of millions of dollars. Federal prosecutors accused Vilar and a business partner of falsely telling investors their money would be safe. Instead, the men poured money into risky technology stocks that later crashed, prosecutors said. The verdict represented a spectacular fall for Vilar, who gave away millions to cultural institutions and opera houses. Searching Beyond Google Corporate Counsel Most Web searching uses just a few providers. But according to technology writer Erik Sherman, there is a vast territory in the "invisible Web" that refers to databases connected to the Internet but not available for indexing by popular search engines, each with its own search capability. Visit Legal Technology In BAE Probe, U.S. Steps In Where Brits Fear to Tread Corporate Counsel When the British government dropped a bribery probe of BAE Systems, Europe's largest military defense contractor had a major management shake-up, including the hiring of new GC Philip Bramwell who is leading the company's reform efforts. So why have the Americans jumped into the fray? The Justice Department won't comment -- indeed, a wall of silence has come down across the department about the BAE case. And Bramwell says he can't talk about the probe. But sources and court records suggest several reasons. Visit In-House Counsel Partners Can Help Associates Build Marketing Skills Law Firm Partnership & Benefits Report The first priority of a young lawyer is to develop legal knowledge and skills, but learning marketing skills early can also be very fruitful in the future. Here are some steps partners can take to guide associates along the right marketing path, and also some tips to help associates be proactive in developing their own style and techniques for client development, as provided by Sharon Meit Abrahams, McDermott Will & Emery's Director of Professional Development. Visit the Career Center Law.com 120 Broadway, 5th Floor, New York, NY 10271-1101 (877) 256-CIRC Customer Service Phone: (877) 256-CIRC

Full post as published by New York Supreme Court Criminal Term Library on November 20, 2008 (boomark / email).