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High court backs law on driver drug tests
Legal Career News |
2007/08/15 12:44
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The state's highest court upheld a Maine statute yesterday that mandates blood alcohol and drug testing of drivers when a motor vehicle accident results in a fatality. The decision stemmed from a manslaughter case in which a lower court ruled that the results from a blood-alcohol test of a driver were unconstitutional and should be suppressed. The judge ruled that the test results violated the Fourth Amendment protection from "nonconsensual, warrantless and suspicionless searches." The state appealed to the Maine Supreme Judicial Court. In a 34-page opinion, justices issued a 4-to-2 decision, vacating the ruling to suppress the evidence and sending the case back to the lower court for further proceedings. Chief Justice Leigh Saufley wrote that the statute itself is constitutional and that the test results are admissible in court if the state demonstrates that the defendant consented to the test or there was probable cause to believe the driver was operating under the influence of drugs or alcohol. Saufley further wrote that the state's need to obtain information about the intoxication of drivers involved in fatal accidents has to be balanced against the privacy interest of motorists. "We conclude that the state's interest in gathering information to assist in addressing the problem of intoxicated driving outweighs the privacy interest of drivers in the content of their blood," he wrote. Richard Cormier of Gray was driving a car that was involved in a head-on collision on Route 85 in Raymond on May 11, 2003. An elderly couple from Gray was killed in the accident. Cormier was transported by ambulance to a hospital, where his blood was drawn. The blood-alcohol content was 0.08 percent, meaning that he was legally intoxicated. Cormier was later indicted on two counts of manslaughter and other charges, but he moved to suppress the results of the blood test in a court motion. Justice Paul Fritzsche agreed, ruling that Cormier had not consented to the test and that there was not sufficient probable cause to believe he was operating under the influence. Fritzsche found the only justification for the blood test was the state law that mandates a test when an accident has resulted in a fatality. He cited a US Supreme Court decision in declaring the test results as inadmissible in court. Supreme Court Justices Jon Levy and Susan Calkins disagreed with the majority opinion. "The majority's opinion leads the law into new, uncharted territory in which probable cause, a cornerstone of the Fourth Amendment, plays a secondary, after-the-fact role," Levy wrote. "Notwithstanding [the statute's] proper and noble purpose, I conclude that to the extent the statute authorizes searches and seizures based on after-acquired probable cause, the statute is unconstitutional." |
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Entrust Deploys E-mail Encryption for Top-50 U.K. Law Firm
Headline News |
2007/08/15 09:47
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Charles Russell, a U.K.-based law practice, heard the resounding requests from their customers and clients: provide seamless e-mail encryption to protect sensitive data. In response, the top-50 law firm looked to Entrust and the Entrust Entelligence Messaging Server, a key component of a strong, layered security strategy. Leveraging Entrust Entelligence Messaging Server, Charles Russell is now able to provide its customers full encryption for e-mails containing sensitive data. Further, those clients can benefit from e-mail encryption regardless of their own capabilities. To streamline protocol, the firm will place e-mail encryption policy management in the hands of the organization's IT department, freeing lawyers from the burden of encrypting confidential information during electronic communication. "In an industry that is constantly viewing, storing and managing extremely sensitive client information, the ability to seamlessly encrypt e-mails will increase efficiency and help guarantee compliance with regulatory mandates," said Charles Russell IT Director Jon Gould. "Not only did Entrust's e-mail encryption solution solve our security requirements, but their reputation and expertise in this field only confirmed our decision." A testament to Entrust's heritage, Charles Russell was attracted to the standards-based credential management technology within Entrust Entelligence Messaging Server. The solution automates harvesting of certificate credentials, and boundary deployment eliminates lawyer intervention, one of the initial requirements of the firm. As a standards-based credential management solution, Entrust Entelligence Messaging Server delivers a technology that can evolve as the practice's security goals change over time. "For an organization whose business revolves entirely around sensitive or private information, seamless e-mail encryption is a much-needed asset," said Entrust Chairman, President and Chief Executive Officer Bill Conner. "A key component of a strategic layered security approach, Entrust Entelligence Messaging Server will afford Charles Russell clients, and its workforce, an invaluable peace of mind. And, as security goals evolve, more solutions can be introduced to help realize the objective of a comprehensive layered security model." Entrust Entelligence Messaging Server is an e-mail security solution that makes it easier to communicate securely with external business partners, customers and clients. Part of Entrust's Information Protection Platform, the solution is shipped as a hardware appliance and delivers standards-based e-mail encryption capabilities in a comprehensive solution. In addition, it's easy to deploy and maintain for organizations that communicate sensitive or regulated information -- both inside and outside their organization -- via e-mail. U.K.-based Charles Russell is a top-50, full-service legal practice with offices in London, Guildford, Cheltenham, Cambridge, Oxford and Geneva. The firm boasts the expertise and size to advise on complex, cross-border transactions and to manage the input of international networks of major law firms. The organization's clients range from international, FTSE and AIM- listed businesses to governments, not-for-profit bodies, private individuals, trustees and intermediaries. About Entrust Entrust secures digital identities and information for consumers, enterprises and governments in 1,650 organizations spanning 60 countries. Leveraging a layered security approach to address growing risks, Entrust solutions help secure the most common digital identity and information protection pain points in an organization. These include SSL, authentication, fraud detection, shared data protection and e-mail security. For information, call 888-690-2424, e-mail entrust@entrust.com or visit http://www.entrust.com. Entrust is a registered trademark of Entrust, Inc. in the United States and certain other countries. In Canada, Entrust is a registered trademark of Entrust Limited. All Entrust product names are trademarks or registered trademarks of Entrust, Inc. or Entrust Limited. All other company and product names are trademarks or registered trademarks of their respective owners. |
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New Orleans politician pleads guilty to bribery
Legal Career News |
2007/08/14 19:02
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A prominent New Orleans politician pleaded guilty on Monday to federal corruption charges and resigned his seat on the City Council. Councilman Oliver Thomas, 50, admitted in court that he had accepted more than $18,000 dollars in kickbacks in 2002 in exchange for helping a businessman retain a lucrative city parking contract in the famed French Quarter. "It was wrong and I accept full responsibility for this action," Thomas told a news conference. "I will continue to work for the city I love and I have made peace with my God." Thomas, a councilman for 13 years and a leading voice for the recovery of the city from the devastation of Hurricane Katrina in 2005, had been expected to be a strong candidate for mayor when the city picks a successor to Ray Nagin in 2010. Before U.S. District Judge Sarah Vance, Thomas pleaded guilty to bribery and faces up to 10 years in prison and $250,000 in fines. However, he has agreed to cooperate with federal prosecutors in an ongoing investigation into corruption in New Orleans. "This guilty plea is a body blow to a community that is already reeling under a wave of public corruption," Vance said at the hearing. "If this city is ever to recover, we have to have an end to this kind of venality." Thomas' troubles are the latest in a city and state, Louisiana, with a history of corruption in politics. U.S. Rep. William Jefferson, a Democrat from New Orleans, was indicted in June on corruption charges linked to business deals in Africa. Investigators found $90,000 in cash in the freezer of his Washington-area home. Jefferson has denied any wrongdoing. U.S. Sen. David Vitter, a Republican from the New Orleans suburbs, admitted last month to having committed a "very serious sin" after his number was found in the phone records of a woman accused of running a Washington prostitution ring. |
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Union to take NSPS case to Supreme Court
Lawyer Blog News |
2007/08/14 18:59
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Officials of the American Federation of Government Employees (AFGE) said today they would file an appeal with the U.S. Supreme Court to stop the Defense Department from implementing portions of the National Security Personnel System (NSPS). The officials announced their plans after the U.S. Court of Appeals denied on Aug. 10 a motion by AFGE and the United Department of Defense Workers Coalition for an en banc, or full court, review of the court's earlier decision upholding NSPS regulations and overturning a lower-court ruling.
AFGE expects this week to file a motion to stay the issuance of the appeals court’s mandate in the case and within 90 days proceed with a petition to ask the Supreme Court to take the case, officials said.
“AFGE has been presented with the opportunity to bring this issue to the honorable justices of the U.S. Supreme Court and will face this head on,” John Gage, AFGE national president, said in a statement. “The [Bush] administration and DOD need to be taken to task on this issue. It’s time to stop the bullying and abuse this administration is directing toward DOD employees.”
Gage added that if NSPS were to be fully implemented, DOD workers “would be subjected to an arbitrary, dishonest and unfair working atmosphere.”
A series of court decisions on NSPS began in February 2006, when a ruling by U.S. District Court Judge Emmet Sullivan gutted NSPS provisions that related to labor relations, collective bargaining, independent third-party review, adverse actions and DOD’s proposed internal labor relations panel. However, on May 18, the Court of Appeals upheld the regulations in a 2-1 decision. |
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Class Action Lawsuit Filed Against KAL
Class Action News |
2007/08/14 17:59
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Korean Air Lines (KAL) was hit with a $300 million fine for price fixing on passenger flights by the U.S. Justice Department and faces a class action lawsuit by American consumers seeking damages, according to reports yesterday. The Seattle-based law firm Hagens Berman Sobol and Shapiro (HBSS) filed a class action lawsuit with the Seattle Federal District Court against KAL on August 8, 2007 on behalf of passengers claiming the airline illegally conspired with competitors to fix pricing for passenger and cargo flights. The named plaintiff, James Van Horn, filed the suit on behalf of himself and all others who purchased a ticket on Korean Air from January 1, 2000 until at least July 16, 2006, said HBBS. HBSS managing partner Steve Berman said that the Korean Air’s collusive activities could have affected numerous passengers in both Korea and the U.S., and that HBSS wants those customers to be rightfully reimbursed. KAL conceded that the airline company is facing a class action suit brought by American consumers and hinted that it will seek a legal response.
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Kronick, Moskovitz, Tiedemann & Girard seeks to expand
Law Firm News |
2007/08/14 15:03
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The Bakersfield offices of Sacramento-based law firm Kronick, Moskovitz, Tiedemann & Girard are negotiating to add attorneys to its team of five, company executives said Monday.
The firm, which provides legal counsel to a variety of public and private entities in Kern, would not identify the attorneys or firms it hopes to acquire. A merger with an existing small firm is a possibility, said Chairman Bruce Scheidt. "The firm's plan is to grow at a controlled rate to meet the needs of our clients," said Brett Price, managing attorney in Bakersfield. Clients include the Kern County Water Agency, the city of Bakersfield and Kern County. The firm runs a broad practice, including water law, tax law, real estate development and land use law. The company also works with public agencies and education districts. The Bakersfield offices opened in 2000 to serve a growing clientele in the Central Valley, a company news release said. Much of the firm's increased business stems from the public agency, real estate development and land use portions of the practices, Price said. "The outlook for Bakersfield is for, hopefully, ongoing growth -- particularly in the commercial real estate area," he said. The company also opened a San Luis Obispo office on Aug. 1 to work cooperatively with the Bakersfield attorneys. "We find that a lot of the clients we have -- as well as prospective clients -- have interests both in the San Joaquin Valley and on the Central Coast," Price said.
http://www.kmtg.com |
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