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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights March 26, 2009
By David Badertscher, PLL
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Judge Freezes Assets of Madoff's Brother
New York Law Journal
A Brooklyn Law School student whose family was close to Bernard Madoff has filed suit against Madoff's brother, Peter, claiming Peter Madoff squandered a trust fund of nearly $500,000 in his brother's massive Ponzi scheme. In response to the suit by Andrew Samuels claiming that his trust fund was depleted by the payment of "fictitious returns" to other Madoff investors, a New York judge has temporarily frozen Peter B. Madoff's assets.
Milberg Sued for $54 Million for Allegedly Conspiring With Expert Witness in Securities Fraud Case
The American Lawyer
Casino company Lakes Entertainment has sued Milberg for $54 million in federal court, accusing the plaintiffs firm of employing a damages expert who had a strong motive to inflate his damages estimate in a since-settled 1997 securities fraud action against Lakes' predecessor. According to the complaint, Milberg's expert estimated damages to the class to be more than $165 million. Lakes claims that estimate was a big factor in its eventual decision to settle the class action for $18 million in 2000.
Supreme Court to Hear Key Test Case for Age Bias Claims
The National Law Journal
Age discrimination, the fastest-growing category of job bias complaints, is the backdrop for a key employment case to be argued next week at the U.S. Supreme Court. Given the economic recession, increasing layoffs and company restructurings, lawyers on both sides agree that the high court's decision will be important not only to litigation of the increasing number of age claims, but also of other non-Title VII job bias claims such as disability, Family and Medical Leave Act status and pay, among others.
ACLU Sues DA Over Threat to Prosecute 'Sexting' Teens
The Legal Intelligencer
In one of the first civil rights suits to focus on "sexting," lawyers for the ACLU of Pennsylvania will ask a federal judge to protect three teenage girls from a DA's threat of criminal charges for using cell phones to take and send semi-nude images of themselves. The suit alleges the DA threatened to prosecute the girls on child pornography charges unless their parents agreed to put them on probation and send them to a "re-education" program in which the teenagers would have to discuss "what it means to be a girl."
Receiver's Report Offers Details of Dreier's Once-Lavish Lifestyle
New York Law Journal
By the time attorney Marc Dreier was arrested, his days of living the high life had come to an end, according to papers made public Wednesday. When charged with impersonating an employee of the Ontario Teachers' Pension Plan, Dreier was in arrears "on everything from payments to the crew" of his motor yacht to "mundane firm expenses like car service and off-site storage," the report says. Recovered assets range from almost $39 million in art to a majority interest in a largely worthless Asian fusion restaurant.
Judge Admits Ethics Breach Over Torrid E-Mails With Former Clerk
New Jersey Law Journal
New Jersey Judge Lawrence DeBello has admitted breaching judicial ethics and policies by sending romantic e-mails to his former law clerk via his judiciary e-mail account and using his judicial office to help get her a public defender job. DeBello neither admitted nor denied charges that he gave misleading answers when interviewed about his actions by members of the Advisory Committee on Judicial Conduct.
Ballard Spahr Reportedly Delays First-Year Associates' Start Date
The Legal Intelligencer
Ballard Spahr has pushed back start dates for its incoming first-year associates to September 2010, offering a more than $45,000 stipend in addition to the standard $5,000 bar stipend the firm usually offers, according to the blog Above the Law. When contacted by The Legal Intelligencer, the firm would neither confirm nor deny the report.
The Greatest Client Memo Ever?
The American Lawyer
The Am Law Daily encourages readers to check out a bizarre memo posted on Cadwalader, Wickersham & Taft's client memo Web page. Attributed to the co-chairman of the firm's financial services department, it accuses former Red Sox outfielder Manny Ramirez of loafing during his final weeks with the team and -- in a nod to the AIG bonus scandal -- suggests that the state of Massachusetts slap a 90 percent tax on Ramirez' salary. And the memo goes on from there.
Judge Vaults Bench to Subdue Courtroom Attacker
Daily Business Review
Florida Judge Ian Richards demonstrated he could wield more than a gavel when he took a flying leap over his bench to tackle a defendant bent on attacking a former girlfriend who was testifying against him in a domestic violence case. A bailiff was handcuffing the 29-year-old defendant when he bolted toward the witness, who sought refuge between the bench and the witness box. The judge then vaulted the bench to help subdue the attacker.
Study Reveals Securities Class Action Winners for 2008
The American Lawyer
Risk management firm RiskMetrics Group on Wednesday released its annual list of the top 50 plaintiffs firms for securities class actions. Bernstein Litowitz, Coughlin Stoia, and Grant & Eisenhofer topped the list for total shareholder settlement value, number of settlements and average amount for those settlements. The study notes that 2008 was the first time in six years that no plaintiffs firm notched more than $1 billion in total settlements.
Mistrial Refused in Federal Case Against Fen-Phen Attorneys
The National Law Journal
The federal trial of two lawyers in Kentucky for allegedly bilking clients out of millions of dollars from a class action settlement over the fen-phen diet drug will continue after a judge refused to grant a mistrial. The threat of a mistrial arose last week when the attorney representing defendant William Gallion became ill with an unidentified illness that had previously put the trial on hold. Prosecutors allege Gallion and Shirley Cunningham Jr. took more than their contractual share of the $200 million settlement.
High Court Rules for Government in Plea Deal Dispute
The Associated Press
The Supreme Court has ruled that a man convicted of armed robbery may not withdraw a guilty plea even though the government reneged on a plea agreement. A condition of the plea was that prosecutors would tell the judge the defendant accepted responsibility for his actions, but he was implicated in another crime in between his plea and sentencing. Justice Antonin Scalia wrote that since he "obviously did not cease his life of crime," giving him credit for accepting responsibility would have been "ludicrous."
Without Dissent, Senate Confirms Top DOJ National Security Official
Legal Times
The Senate on Wednesday unanimously confirmed David Kris as assistant attorney general for the Justice Department's National Security Division, giving its strong backing to a widely regarded authority on anti-terrorism investigations. Kris, who spent most of his career in the Justice Department's Criminal Division, is senior vice president and deputy general counsel at Time Warner, where he has worked since 2003. A book he co-authored is considered a leading text on the subject of national security.
Former N.Y. Tax Official Accused of Abusing System to Create Tenured Jobs for Favored Attorneys
New York Law Journal
A former acting New York state tax commissioner is accused of manipulating the civil service system so she and nine other attorneys could shift from at-will jobs to tenured civil service positions as former Gov. George Pataki's administration ended. The inspector general's office said Barbara Billet's abuse of the system was the "most egregious example" of a "pervasive" pattern in which the tax department customized job requirements for attorney openings so targeted individuals would score best and be hired.
Justice Ginsburg on the 'Lighter Side' of Supreme Court Life
Legal Times
Supreme Court Justice Ruth Bader Ginsburg made news in a recent speech with the cryptic comment that a vacancy on the Court was likely "soon," but in her formal remarks, posted on the Court's Web site, she revealed some entertaining tidbits about the "lighter side" of life at the Court. Among them: the 36 handshakes the justices exchange before taking the bench or beginning their conferences, the justices' favorite lunch guests, and Ginsburg's husband's witty attempt to assist her in her correspondence.
Redact It With Redact-It Desktop
Law.com
Redaction removes information from documents that you don't want others to see because they would use it against you or a client. Still, many people miss redacting data because they either don't use the right tools or they use them incorrectly. Redact-It Desktop may be one solution.
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Five Tips to Avoid the Human Rights Litigation Trap
Corporate Counsel
The wave of Alien Tort Claims Act cases continues to crest against corporations. In-house counsel for multinational corporations can only expect there to be more of these cases in the near future. Given the hazards in these high-profile, high-damage lawsuits, and their growing frequency, paying close attention to human rights and ATCA concerns becomes critical. Attorney Jonathan Drimmer presents five suggestions to follow in order to avoid having your client labeled a human rights abuser.
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Biggest Loser -- Big Law Edition
Fulton County Daily Report
Who will be next on the Cog chopping block? The Snark says luck plays a huge role in the process, making all Cogs feel powerless. What's a better method? Cog Cull 2009. Reduce the role of luck via a 24-hour marathon involving some old-fashioned challenges and call-in voting, just like a reality TV show. The Snark notes that Cog Cull should test for skills essential to Big Law survival, such as -- in reverse order of importance -- legal skill, work ethic, over-confidence and popularity.
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Former Wolf Block Associate Who Sued Firm for Gender Bias Speaks Out
The American Lawyer
The vote to dissolve by Wolf Block's partnership on Monday was bittersweet for one former firm associate. Nancy O'Mara Ezold was told 20 years ago that she would not make partner at the firm. Ezold filed the first gender bias suit that went to trial against a law firm for denial of partnership. She ultimately lost on appeal, but Wolf Block was severely weakened by the case. Ezold, who has since founded her own employment law firm, discusses Wolf Block's demise and the challenges women lawyers still face.
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Full post as published by New York Supreme Court Criminal Term Library on March 26, 2009 (boomark / email).

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