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9th Circuit: County Can't Use RICO to Sue Companies for Hiring Illegal Aliens

The Recorder

An anti-illegal immigration lawsuit turned out to be much better as a metaphor than as a lawsuit. When a former leader of Canyon County, Idaho, invoked civil RICO laws to sue four corporations for hiring illegal immigrants, the move made headlines all the way up to The New York Times: The newspaper viewed it as a prism to understand how the immigration issue split the Republican Party. But now, an ideologically balanced panel of the 9th U.S. Circuit Court of Appeals has disposed of the complaint.

3rd Circuit: Final Judgment No Prerequisite for Attorney Fees

The Legal Intelligencer

Civil rights plaintiffs who won a preliminary injunction but never took the case to a final judgment are nonetheless entitled to a full award of attorney fees because they achieved all their goals and were therefore properly deemed to be the "prevailing" parties, the 3rd U.S. Circuit Court of Appeals has ruled. The appeals court found that parties are "prevailing parties" if "they succeed on any significant issue in litigation which achieves some of the benefits the parties sought in bringing suit."

Is Schwarzenegger Serious About Taxing Lawyers?

The Recorder

California Gov. Arnold Schwarzenegger has a $16 billion budget deficit dilemma on his hands. He insists he doesn't want to cut education. But he proclaims with equal fervor that he won't raise taxes. So what's a post-partisan governor to do? Close tax loopholes, of course -- possibly including some currently enjoyed by lawyers and other professionals. But is this all just talk, or something more ominous?

Defense in Attorney's Money-Laundering Case Says Feds Ignored '88 Exemption

Daily Business Review

High-profile Miami attorney Ben Kuehne has thrown two haymakers at the government's case charging he laundered drug proceeds while vetting $5.3 million in defense fees for convicted trafficker Fabio Ochoa Vasquez. In two pleadings, Kuehne's legal team accuses the government of manufacturing the complaint by ignoring a 1988 exception that Congress carved out to protect defense attorneys. Another motion claims the obstruction of justice charge is not sufficiently backed up with specific actions by Kuehne.

11th Circuit Demands Sanctions in Libel Suit

Fulton County Daily Report

The 11th Circuit has issued a rare reversal of an order that had denied what could be more than $300,000 in attorney fees and expenses to a successful libel defendant. A lawyer in the case said the ruling may encourage others to pursue attorney fees with the knowledge the 11th Circuit will enforce Rule 11 of the Federal Rules of Civil Procedure, which allows district courts to award sanctions when a party's pleading has no reasonable factual or legal basis or is filed in bad faith for an improper purpose.

Inmate's Frequent Filings Take On Targets Ranging From Spitzer to Van Halen

Fulton County Daily Report

Since entering federal prison, Jonathan Lee Riches has earned his own Wikipedia entry, which credits him with filing more than 1,000 suits, including a $662 trillion suit alleging Michael Vick was attempting to "kidnap" Riches' mind. And Riches doesn't seem to be slowing down. In the U.S. District Court for the Northern District of Georgia alone, 39 percent of the cases filed this month are from Riches, with defendants ranging from former New York Gov. Eliot Spitzer to musician Eddie Van Halen.

Saucier Than Usual, the Supreme Court Tackles a Precedent

Legal Times

In granting review in a new case on police immunity Monday, the Supreme Court took the rare step of announcing its intention to examine whether one of its relatively recent precedents, Saucier v. Katz, "should be overruled." The unusual announcement came in the form of an order directing the parties in the new case, Pearson v. Callahan, to brief that issue in addition to the questions presented by the case.

New York Fed Taps Simpson Thacher on Bear Stearns Deal

The American Lawyer

Last week, as shareholders for Bear Stearns threatened action over JPMorgan's $2-per-share offer, the Federal Reserve Bank of New York called on Simpson Thacher & Bartlett to represent its interests, according to a source. Apparently Simpson's lawyers were brought on to represent the Fed in a role it disclosed in a statement Monday. Through an LLC set up just for this deal, "the New York Fed will take ... control of a portfolio of assets valued at $30 billion as of March 14, 2008," the statement read.

Drug Maker Biovail Paying $10M Fine to Settle SEC Civil Accounting Fraud Charges

The Associated Press

Canadian drug maker Biovail has agreed to pay a $10 million fine to resolve SEC charges of civil accounting fraud and deceiving investors and analysts. Under the settlement, Biovail neither admitted nor denied the allegations in a federal civil suit, but did agree to refrain from future federal securities law violations. The company also agreed to hire an independent consultant to oversee its accounting. SEC charges remain pending against several past and present Biovail executives.

Today, No Bribe Is Too Small

Legal Times

Not long ago, it took multimillion-dollar payments delivered by corporations to lofty government officials to trigger prosecution under the Foreign Corrupt Practices Act. These days, however, the government's treatment of bribery is far more complicated, and the stakes for companies are higher. Every company should work vigilantly to prevent inappropriate payments, whether in the guise of gifts, charitable contributions, grease payments or "corporate tipping," advises TRACE International's Alexandra Wrage.

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E-Discovery Guru Not Yet Wed to XML

Law Technology News

George Socha and Tom Gelbmann of Electronic Discovery Reference Model fame are touting EDRM XML as an industry lingua franca -- but EDD special master Craig Ball still isn't enamored with the markup language's EDD value. Why doesn't Ball love XML as much as the cool kids do?

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What Women Lawyers Can Learn From Hillary Clinton

Texas Lawyer

Love her or hate her, U.S. Sen. Hillary Clinton's tenacity is something to be admired, says Andrews Kurth partner Kathleen Wu. Whether she'll win the Democratic nomination for president remains unclear. But win or lose, Clinton's campaign offers women lawyers some valuable lessons as they fight their own battles in this still male-dominated profession. Being thick-skinned, taking pride in one's appearance and never underestimating an opponent are all things women lawyers can take from Clinton's campaign.

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