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Life Term Sought For 'Extraordinary Crimes' by Madoff

New York Law Journal

Citing a fraud of "extraordinary dimensions" perpetrated by Bernard Madoff, the government Friday requested either the U.S. Sentencing Guideline of 150 years in prison or "alternatively, a term of years that both would assure that Madoff will remain in prison for life, and forcefully would promote general deterrence." The 24-page sentencing memorandum characterizes Madoff's crimes as "serious and long-running, complex and highly orchestrated and devastating to generations of investors around the country and abroad."

A Legacy of Litigation Survives the King of Pop

The National Law Journal

When pop legend Michael Jackson died Thursday, he left behind multiple lawsuits pending against, and some brought on behalf of, himself and his production company, MJJ Productions. Lawyers handling those cases are spread across the U.S., managing everything from breach-of-contract disputes to employee claims to copyright infringement. It's unclear who would represent Jackson's estate. "I imagine this is going to be a very complicated engagement," said one lawyer in litigation with Jackson's company.

Inside the Supreme Court Confirmation Process: Q&A With Sen. Ted Kaufman

The National Law Journal

Sen. Ted Kaufman, D-Del., worked behind the scenes on Supreme Court nominations for much of the last three decades, as an adviser and chief of staff to then-Sen. Joe Biden. Now, as Biden's successor and a member of the Senate Judiciary Committee, Kaufman will have the chance to question and vote on a nominee when the Senate weighs in on Judge Sonia Sotomayor. Kaufman sat down with The National Law Journal to reflect on his experiences, discuss how the process has changed -- and offer some predictions.

Arbitration Scorecard 2009: One Battleground Isn't Enough

Focus Europe

To describe international arbitration as three-dimensional chess is something of an understatement. The nearly 250 cases in the 2009 Arbitration Scorecard -- all either commercial disputes with stakes of at least $500 million or treaty disputes with stakes of at least $100 million -- overspill the bounds of their charts in every direction. Multifront wars, whether waged over cell towers or oil derricks, have become the norm for the largest cases.

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D.C. Circuit Upholds Dismissal of $50 Million Malpractice Suit Against Pillsbury

The National Law Journal

The D.C. Circuit on Friday unanimously upheld the dismissal of a $50 million malpractice suit against Pillsbury, ruling that Capitol Hill Group's claims -- stemming from the work two partners performed in representing CHG in a zoning proceeding in D.C. -- are barred by res judicata. Finding that a lower court judge didn't make a mistake in granting summary judgment, the D.C. Circuit noted that post-representation relations between Pillsbury and CHG were "rocky" and at one point included a "cycle of acrimony."

Obama Reportedly Eyeing Indefinite Detention Order for Some Held at Guantanamo

The Associated Press

Stymied by Congress so far, the White House is considering issuing an executive order to indefinitely imprison a small number of Guantanamo Bay detainees considered too dangerous to prosecute or release, two administration officials said Friday. One of the officials said, if issued, the order would not take effect until after the Oct. 1 start of the 2010 fiscal year. Congress has blocked the administration from spending any money this year to imprison the detainees in the United States.

Can the Voting Rights Act Survive Another Challenge?

The National Law Journal

With its ruling rescuing the Voting Rights Act from constitutional oblivion, the U.S. Supreme Court widened the escape hatch for localities chafing under federal supervision of their election procedures. The decision also gave the Court itself an escape route to avoid confronting the politically divisive choice of striking down Section 5 of the law -- the preclearance requirement that many localities dislike. Now the question is whether, and for how long, the ruling can really stave off a constitutional decision.

Clark, Thomas & Winters Agrees to Pay Millions to Former Client

Texas Lawyer

A double whammy hit Texas-based Clark Thomas this month. First, a grand jury indicted Bennie Fuelberg, former general manager of Pedernales Electric Cooperative, and Walter Demond, a former Clark Thomas shareholder who represented the PEC for two decades. Next, the firm agreed to pay the PEC a $4.1 million settlement, avoiding a civil suit. The indictments charge both men with misapplication of fiduciary property, theft and money laundering stemming from allegations of payments of PEC money to two outside consultants.

Scalia Discusses Conjunctions, Contractions and Pet Peeves at Texas Bar Event

Texas Lawyer

At the State Bar of Texas' annual meeting, Supreme Court Justice Antonin Scalia and Bryan A. Garner, co-authors of the book "Making Your Case: The Art of Persuading Judges," served up tips on legal writing and oral argument -- the justice in his customary saucy and sarcastic manner. Scalia discussed some pet peeves, such as when lawyers respond to a hypothetical example by saying it is "not this case." Going through his mind at that point, Scalia said, is the thought, "I know it's not this case, you idiot."

U.S. Attorney Firings 'No. 1 on the Hit Parade' at House Judiciary Committee

The National Law Journal

Elliot Mincberg, chief counsel for oversights and investigations at the House Judiciary Committee, said Friday an ongoing investigation into the 2006 firing of nine U.S. Attorneys "has already demonstrated" there was "improper political influence" over the firing decisions. Mincberg also said Attorney General Eric Holder Jr. has indicated he will reconsider the possibility of prosecuting the former acting assistant AG of the Civil Rights Division for alleged perjury stemming from his Senate testimony on the firings.

Civil Rights Laws Don't Insulate Against 'Innuendo,' Judge Rules

The Legal Intelligencer

Ruling there is no constitutional right to be free from "innuendo," a federal judge has dismissed a civil rights suit brought by a police chief who claimed his reputation was damaged when borough officials posted an Internet notice that said he had been suspended. In the context of public employment, the judge said, an employee is deprived of a protected liberty interest only when the employer disseminates a false and defamatory impression about the employee in connection with a termination or suspension without due cause.

Federal Judge Resigns Again, This Time Effective Tuesday

Texas Lawyer

Federal Judge Samuel Kent, who is serving a 33-month prison sentence after pleading guilty to obstruction of justice, will resign Tuesday, according to a resignation letter he gave a Senate official last week when he was served with a summons. Congress had been moving quickly to impeach Kent because he had earlier submitted a resignation letter effective June 1, 2010, which meant he would continue to receive his $174,000 judicial salary while in prison.

Disbarred Lawyer Says He's a Victim of Federal Fraud Suit

Fulton County Daily Report

Disbarred lawyer James S. Quay, the target of an injunction filed by the State Bar of Georgia earlier this month, said he's long since ceased advertising himself as an attorney, and that the Bar's action is actually the result of an outcry by the victims of an unrelated, multimillion-dollar Ponzi scheme orchestrated by another lawyer, and in which he was an unwitting participant.

Remote Wrap-Up of LTWC 2009

Law.com

From afar, Legal Technology Editor Sean Doherty monitored developments at LegalTech in Los Angeles. Among other highlights, Doherty notes that technology vendors focused on mobility while EDD providers touted early case assessment and advanced search and collection techniques.

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Be Prepared to Deal With Deposition Notices

Corporate Counsel

Your company has just been served with a 30(b)(6) deposition notice under the Federal Rules of Civil Procedure, and it is your job to respond to the notice and determine who will testify on behalf of the corporation. Is there anything you can do to ensure that your company puts its best foot forward at the deposition? The answer is yes, say attorneys Lori L. Pines and Ardith Bronson, who offer strategies for selecting and preparing witnesses to participate in these depositions.

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Advice for the Perpetually Tardy, and Those Around Them

The National Law Journal

For some lawyers, being busy is not the problem when it comes to time management. Instead, even when they have time on their hands, they are persistently, habitually late. And promises to change rarely lead to permanent success. The result, for them, can be a permanent state of anxiety and shame. Moreover, their reputations (in the firm and with clients) may suffer. Steven C. Bennett, a partner at Jones Day, provides some advice and tips for the perpetually tardy, and for those who must cope with them.

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