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Bush faces GOP foes on budget cuts
U.S. Legal News | 2007/10/09 17:06
Congressional Democrats have found an unexpected ally in their budget showdown with President Bush: Republicans.
The president is pushing to cut and even eliminate some popular domestic programs that pump billions of dollars into the states. Many congressional Republicans, wary of the potential fallout from the loss of funds, have joined Democrats to oppose the cuts. California alone has hundreds of millions of dollars at stake.

More than a week into the new fiscal year, Congress has yet to send Bush any of its 12 spending bills. And Bush has threatened to veto most of those that have been approved by the House or the Senate, accusing lawmakers of overspending in a time of budget deficits. But Democrats have stood their ground, not only rejecting many of the proposed cuts, but adding more funds for programs they believe have been neglected.

"We didn't overspend; the president under-funded," Sen. Barbara A. Mikulski (D-Md.) said during debate last week on a spending bill that Bush has threatened to veto.

And they're getting help from some Republicans who, unlike the president, must run for reelection in communities that rely on Washington's money for community development, housing, anti-crime programs and other activities. For example, Rep. David Dreier (R-San Dimas) helped engineer a successful bipartisan effort in the House to boost to $460 million the federal funding to reimburse states for jailing illegal immigrants. Bush has proposed no money for the program.

Bush wants to cut federal aid programs by about $3.8 billion, according to Federal Funds Information for States, a Washington-based organization. The House has called for an increase of $13.8 billion, and the Senate is headed toward a $10-billion increase.

Sean Kevelighan, a spokesman for the White House budget office, said the administration had pushed to reduce overall funding to provide more money to serve the communities in greatest need.

Democrats will need GOP support if they are to override Bush's promised vetoes. Democrats hold narrow majorities in the House and Senate; it takes two-thirds of each chamber to override a veto.

So Democrats were delighted last week when Sen. Richard C. Shelby (R-Ala.) took to the Senate floor complaining about the president's proposed $1.6-billion cut in aid to state and local law enforcement at a time when violent crime is on the rise. The Senate next week is expected to approve a bill that would spend $550 million on the Community Oriented Policing Services program, which provides grants for state and local law enforcement agencies. Bush proposed cutting the program to $32 million, from about $500 million. The House has approved $725 million.


Law Firm Agrees to Pay $27.5M to Settle Age-Bias Suit
Lawyer Blog News | 2007/10/09 12:16

The international law firm of Sidley Austin LLP has agreed to pay $27.5 million to 32 former partners who the U.S. Equal Employment Opportunity Commission (EEOC) alleged were forced out of the partnership because of their age, under settlement approved by a federal judge.

The EEOC brought the suit in 2005 under the federal Age Discrimination in Employment Act (ADEA). A major issue in the case was whether partners in the law firm were protected as employees under the ADEA. The settlement provides that "Sidley agrees that each person for whom EEOC has sought relief in this matter was an employee with the meaning of the ADEA."

The settlement also includes an injunction that bars the law firm from "terminating, expelling, retiring, reducing the compensation of or otherwise adversely changing the partnership status of a partner because of age" or "maintaining any formal or informal policy or practice requiring retirement as a partner or requiring permission to continue as a partner once the partner has reached a certain age."

"This case has been closely followed by the legal community as well as by professional services providers generally," says Ronald S. Cooper, general gounsel of the EEOC. "It shows that EEOC will not shrink from pursuing meritorious claims of employment discrimination wherever they are found. Neither the relative status of the protected group members nor the resources and sophistication of the employer were dispositive here."

The $27.5 million will be paid to 32 former partners of the firm for whom the EEOC sought relief because they either were expelled from the partnership in connection with an October 1999 reorganization or retired under the firm's retirement policy.

The average of all the payments to partners under the settlement will be $859,375. The highest payment to any former partner will be $1,835,510, and the lowest payment $122,169. The median payment (the value in the middle of all payments) is $875,572.



Thompson debuts in Republican economic debate
Law & Politics | 2007/10/09 12:06
Republican presidential candidate Fred Thompson made a crisp debut in his first 2008 debate appearance on Tuesday, and rivals Rudy Giuliani and Mitt Romney battled over their records on taxes and spending.

Thompson, who did not participate in two debates held since he formally entered the race last month, said the U.S. economy was not headed for a recession and warned against strict trade restrictions on China during the debate with his eight Republican rivals.

But he was a bystander in an early confrontation between Giuliani, former mayor of New York, and Romney, the former Massachusetts governor, who continued their running campaign-trail battle over tax and spending policies while in office.

Giuliani, who leads Republicans in national opinion polls in the November 2008 presidential race, said he brought taxes down 17 percent in New York while Romney let them increase by 11 percent in Massachusetts.

"The point is, you've got to control taxes. But I did it. He didn't," Giuliani said.

Romney shot back: "It's baloney. Mayor, you've got to check your facts. I did not increase taxes in Massachusetts. I lowered taxes."

Thompson and the other Republicans criticized the explosion of federal spending in recent years and said rising budgets and deficits under President George W. Bush had to be tamed. Arizona Sen. John McCain pointed to his own Republican Party as the culprit.



Giuliani law firm sued by high profile Texan
Court Feed News | 2007/10/09 09:18

A prominent Texas Republican has sued Rudy Giuliani’s law firm and a close friend and partner of Giuliani’s, Kenneth Caruso, alleging that Caruso, the firm and others "schemed and conspired to steal $10 million."

J. Virgil Waggoner, a Houston businessman and philanthropist, filed the in New York State Supreme Court in Manhattan in July. He alleges that Caruso, his former lawyer, conspired with Waggoner’s investment adviser to cover up the disappearance of $10 million Waggoner invested through a Caribbean bank, the British Trade & Commerce Bank.

Waggoner claims Caruso "may have also been romantically involved"with the investment adviser.

The Caribbean bank was shut down after its handling of Waggoner’s investment came to light, and its president was later jailed for money laundering.

Caruso, Bracewell & Giuliani, and Caruso’s two former firms — all named as defendants — have filed motions to dismiss the complaint on largely procedural grounds, and Caruso’s personal defense lawyer, Fred Warder, called it "meritless."

"It’s a pretty familiar tale of a deal gone bad and the principal trying to scapegoat his lawyers,"Warder said. "We expect it will go away on motions."

The Waggoner lawsuit is the latest messy allegation to hit Giuliani’s private businesses, which include the law firm and his consulting firm, Giuliani Partners, located five blocks from each other in Midtown Manhattan.

His former police commissioner, Bernard Kerik, left the consulting firm after his nomination to head the Department of Homeland Security collapsed amid questions about his personal ethics. Kerik was convicted and fined in 2006 for illegally accepting gifts and failing to report a personal loan while running the police department.

Giuliani and his firm have also faced protests for employing a Giuliani childhood friend and Catholic priest, Alan Placa, who was barred from priestly duties after being accused of molesting boys more than two decades ago. Placa has insisted the charges are false, and Giuliani has stoutly defended him.

Caruso, who joined Bracewell & Giuliani in 2005, was, like many of the former New York mayor’s tight inner circle, an assistant U.S. attorney when Giuliani was U.S. attorney for the Southern District in the Reagan administration.

Later, he worked on Giuliani’s mayoral campaigns. In Giuliani’s book, "Leadership," he describes Caruso as "a close friend"whose advice he sought when he was diagnosed with prostate cancer in 2000.



Ex-Google Manager Can Sue for Age Bias
Lawyer Blog News | 2007/10/08 15:23
A 54-year-old former Google Inc. manager who claimed he was fired after a supervisor told him his opinions were "too old to matter" had his age discrimination lawsuit reinstated. Reversing a Santa Clara County trial judge, the state's Sixth District Court of Appeal ruled Thursday that Brian Reid deserves to have a jury hear the evidence he amassed that he says shows Google routinely gave older managers lower evaluations and smaller bonuses than younger managers.

"Reid produced sufficient evidence that Google's (stated) reasons for terminating him were untrue or pretextual, and that Google acted with discriminatory motive such that a fact-finder would conclude Google engaged in age discrimination," Presiding Justice Conrad L. Rushing wrote.

The Mountain View-based search engine company has denied Reid's allegations but also refused to say why he was fired. In court documents, the company said Reid was fired when the program he managed was canceled.

Reid, a former associate electrical engineering professor at Stanford University, sued Google in July 2004, five months after he lost his job as its director of operations.

He alleged in his suit that his supervisors did not initially tell him why he was being fired. Director of Engineering Wayne Rosing, 55, eventually said he was not a good "cultural fit" at Google, where some colleagues referred to him as an "old guy" and "fuddy-duddy," Reid said.

Another supervisor, Urs Hoelzle allegedly said Reid, who is a diabetic, was too sluggish and "too old to matter" and his ideas were obsolete.

Reid is seeking back pay and punitive damages. He made $200,000 a year and lost stock options valued at millions of dollars when he lost his job.



Democrats See Wedge Issue in Health Bill
Law & Politics | 2007/10/08 13:15

Representative John R. Kuhl Jr. of New York received just his second telephone call ever from his state's Democratic governor, Eliot Spitzer, last week and was not surprised at the topic: children's health insurance.

"He said, 'I am calling you to come over to the dark side,' " said Mr. Kuhl, who was urged by the governor to drop his opposition to health care legislation and join the effort to override President Bush's veto of the bill.

Mr. Kuhl, a Republican who narrowly survived the Democratic sweep of 2006, said he was unlikely to budge. As a result, voters in his district will also be getting calls - from Democrats and advocacy groups who are planning a telephone, radio, television and even text-message barrage against Republicans over what is shaping up as a defining domestic policy issue of the 2008 campaign.

Democrats believe they have Republicans - short on campaign cash, contending with a spurt of retirements and quarreling - on the run over the legislation, the State Children's Health Insurance Program. Party leaders say the willingness of so many House Republicans to stick with Mr. Bush in the face of bipartisan backing for a $35 billion expansion of the program to provide insurance for poor children will prove costly as Election Day looms a year from now.

"They know they cannot sustain this vote in the fall of 2008 and they are praying it gets worked out before then," said Representative Rahm Emanuel of Illinois, chairman of the House Democratic Caucus.

The Health and Human Services secretary, Michael O. Leavitt, said Sunday that Mr. Bush was ready to work it out. "The president has already said, 'I want a compromise,' " Mr. Leavitt said on the ABC program "This Week." But Democrats say that they have already compromised with Senate Republicans and they are in no hurry to scale back the plan.

Republicans acknowledge they could suffer some short-term damage from an issue easily framed as either favoring health care for poor children - or not.

"Certainly in the immediate, superficial look, everybody is for covering kids who don't have health insurance," said Representative Adam H. Putnam of Florida, chairman of the House Republican Conference.

But he and other Republicans say they eventually can turn the issue to their advantage by making the case that Democrats are spending too much, taking a first step toward national health care and devoting tax money to coverage for some families who can afford insurance. They contend their stance could have special resonance with conservatives unhappy with the recent Republican reluctance to resist popular spending programs.

"If this was October of next year, I'd be really worried," said Representative Roy Blunt of Missouri, the second-ranking House Republican. "But this is October of this year and the beginning of us getting our credibility back by showing that we are willing to take principled stands on spending."

House Republican leaders are confident they can hold their forces together and sustain the president's veto in a vote scheduled for Oct. 18. But over the next two weeks, Mr. Kuhl and more than two dozen other Republicans will face an onslaught of advertisements and public activities intended to put pressure on them to vote to override it.

The Democratic Congressional Campaign Committee is taking on eight Republicans in competitive districts with a series of automated calls and radio advertisements that remind listeners that their lawmaker gets taxpayer-paid health care while opposing the expansion of the program administered by each state.

Beginning Monday, a coalition of liberal and labor groups will start a $1 million advertising effort, with a national advertisement to run on cable channels and local advertisements aimed at specific lawmakers. The national commercial shows a series of children beginning with a baby girl and states, "George Bush just vetoed Abby." It says Mr. Bush puts excessive war spending over health care at home.

"The president's 'yes men' in Congress need to stand up to Bush and stand up for families who work hard but simply can't afford insurance," said Brad Woodhouse, president of Americans United for Change, one group leading the effort.

The health care fight is coming at an inopportune moment for Congressional Republicans. In the Senate, a string of retirements has created openings for Democrats to increase their slim majority. House Republicans have had retirements of their own and party fund-raising is lagging behind Democrats by a wide margin.

The Republican targets of the advocacy campaign say they do not view it as much of a threat, saying many of their voters will not consider the advertisements credible and that tactics like robocalls can backfire.

"I don't worry about it," said Representative Steve Chabot of Ohio, who noted that he strongly supported the insurance program when it was created in 1997. "I am perfectly satisfied with my vote and there is a range of reasons why I think this is a bad bill."



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