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Libby to Appeal Conviction in Leak Case
Lawyer Blog News | 2007/04/15 00:51

Former US vice-presidential aide I. Lewis "Scooter" Libby, convicted in March of perjury and obstruction of justice, will be appealing the verdict according to documents filed in court Friday. Libby's defense team had previously planned to request a new trial, bids for which are rarely granted. Libby's appeal may focus on a decision by US District Judge Reggie B. Walton to allow prosecutors to present evidence to the jury that Libby's defense viewed as being prejudicial, such as White House briefing room videos which US Special Prosecutor Patrick Fitzgerald played to show Libby's eagerness to publicly conceal conversations he had with reporters about CIA official Valerie Plame.

Libby was convicted by a federal jury after 10 days of deliberation in a case that began January 23. Libby was convicted of two counts of perjury, one count of lying to the FBI and one count of obstruction of justice. He was acquitted on one count of lying to the FBI. Libby's sentencing is scheduled for June 5.



Law firm gives Washburn students insight
Headline News | 2007/04/14 20:51

Winton Hinkle can't keep up with the demand for transactional attorneys at his Wichita firm, Hinkle Elkouri Law Firm LLC. It's a legal art, his attorneys say, building a large transaction puzzle out of tiny, detailed pieces. Leave one out, and the deal crumbles.

That's one big reason Hinkle and his partners pitched the merits of business law, Wichita and their firm Friday to a group of 20 Washburn Law School students.

The day-long seminar, "Anatomy of a Business Transaction," gave the lawyers-to-be a hands-on look at how Hinkle Elkouri would handle the sale of a fictional business.

Washburn professor David Pierce brought his students to Wichita to translate the classroom tenets he teaches into the world of business buying and selling. And for Hinkle, it was an opportunity for nine attorneys on his business sales team to interact with -- and recruit -- prospective new attorneys.

"The business is growing," he said. "We find ourselves adding one or two attorneys every year. It's pretty competitive, and we think this is a great chance to pitch Wichita to them." It's Pierce's first venture into a day in the life of a law firm.

"Our students get a view of how what they're learning in the classroom is applied in a major legal practice," he said. "And they get to see first-hand how complicated the practice of business law actually is."

The Hinkle Elkouri attorneys spent the day outlining those detailed little pieces to the business sales puzzle -- from preliminary agreement issues to due diligence and the issues a buyer faces as it assumes employees.

And in the middle, they heard from Hinkle Elkouri client C.R. Hall, owner of Hall's Culligan Water, on how a business owner interacts with his attorneys. The upshot: Handling a business deal is a detailed business.

"It's absolutely critical for you to get as much information as possible about the company you're buying," attorney Donna Bohn, a former Koch Industries transactional attorney, told the students. "I'm always amazed how much information there is on the Internet." But there's more: Company assets have to be catalogued, as do personal property and machinery.

Business inventory is a separate issue, rarely included in the purchase price because valuation is impossible until closing.

And the purchase price can remain on the table until the moment of closing. It was enough to leave third-year law student Jeremy Atwood's head spinning. "What really stands out to me are the number of things to consider that I'm going to have to understand," he said.

"You can listen to lectures," said second-year law student Amber Whitlock. "This is a great first-hand look at what we're learning in action." There will be more class trips into the real world, Pierce said.




Shelton's attorney planned an appeal.
Lawyer Blog News | 2007/04/14 20:48

Prosecutors in Louisiana are investigating Shelton in connection with the death of Justin James, 19, in October 2005. Coroner's officials ruled his death a homicide, saying he died of an overdose of cocaine, Xanax and morphine. Shelton was the last person with James.

Shelton's career at Manhattan Beach ended in 2003 after he accused former Chief Ernest Klevesahl and other officers of harassing him because he was gay. He later was arrested on drug prescription forgery charges in Long Beach and for trespassing with an 18-year-old man on a ranch in Moorpark.



State Trooper Guilty Of On Duty Rape
Criminal Law Updates | 2007/04/14 20:46

BOSTON, MASS - A veteran Massachusetts state trooper has been found guilty of three counts of raping a woman while on duty last year.

Daniel Grant, 42, of Holbrook, a married 17-year veteran of the state police had been accused of threatening to plant drugs on a 26-year-old woman unless she complied with his demands for sex in an incident which occurred Jan. 20, 2006.

Prosecutors said that while on duty, Grant approached a car which was parked behind a hotel and occupied by a 26-year-old woman and a man. After running a computer check on the car's license plate, he determined that there was an outstanding warrant for the man's arrest.

Prosecutors said that Grant allegedly offered the man money and told him to leave. He then told the woman that he had done her a favor because the man was "bad" and suggested that she should repay him with sexual favors. He allegedly showed her cocaine and said that if she didn't do what he wanted, she would be arrested for drug possession and would be sent to prison. Prosecutors said he then allegedly took her to a nearby building where be sexually assaulted her.



Federal Court dismisses Vioxx lawsuit against Merck
Class Action News | 2007/04/14 03:15

A New Jersey federal judge dismissed a class action brought by investors of Merck & Co. Thursday, ruling that the suit was filed after the statute of limitations had run. The investors had said that Merck had deliberately concealed information from them about the safety record of its arthritis drug Vioxx. US District Court Judge Stanley Chester determined that the clock on the two-year statute of limitations started to run in September 2001 with the release of a warning letter from the Food and Drug Administration, coupled with subsequent attention from financial analysts and members of the press. The first fraud complaint against the company was filed in November of 2003. Since the lawsuit was dismissed with prejudice, it may not be filed again.

Merck pulled Vioxx from the market in September 2004 after a study showed that it could double the risk of heart attack or stroke if taken for more than 18 months. The price of Merck stock jumped by almost 10% following news of the class action dismissal.



Judge Approves CA Ex-CEO's $800M Restitution
Lawyer Blog News | 2007/04/14 03:14

Former Computer Associates (CA) CEO Sanjay Kumar will pay almost $800 million in restitution over his lifetime for his role in the accounting fraud in which CA swapped revenues of $2.2 billion with another company in 1999 and 2000, according to a settlement approved Friday in the US District Court for the Eastern District of New York. Kumar, who pleaded guilty to charges of securities fraud and obstruction of justice in April 2006 and was sentenced to a 12-year prison sentence and an $8 million fine in November 2006, is required to sell personal property to pay $52 million of the total restitution amount by the end of 2008. Although the agreement does not mandate the liquidation of his family's home, it does require Kumar to turn over 20 percent of his annual income for the rest of his life.

Kumar, who has not served any prison time yet, also faces a lawsuit filed by CA seeking repayment of $14.9 million it fronted for Kumar's legal defense. The settlement comprises part of the over $1 billion in restitution due to victims of the CA revenue-swapping scheme.



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