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Appeals Court Nominee Ignites a Partisan Battle
U.S. Legal News | 2010/04/13 15:52

When President Obama nominated Goodwin Liu to be an appeals court judge earlier this year, some on the left cheered. Mr. Obama had previously picked a succession of nominees who they believed were too centrist to counter the conservatives appointed during the Bush administration, they said, but finally he had selected a liberal legal rock star.

But the effort to confirm Mr. Liu, a law professor at the University of California, Berkeley, whose confirmation hearing is scheduled for Friday, has become the toughest fight over any of Mr. Obama’s appeals court nominees. It could be a harbinger for how a strongly liberal pick to succeed Justice John Paul Stevens would play out.

Asked this week whether Republicans would use a filibuster to block a vote on Mr. Obama’s coming Supreme Court nominee, Senator Jeff Sessions of Alabama, the ranking Republican on the Judiciary Committee, brought up Mr. Liu’s nomination as an example of the kind of candidate who would merit the use of aggressive tactics.

“I promise a fair hearing, and I promise that the nominee will have a chance to explain any criticisms that are raised,” Mr. Sessions said on NBC’s “Meet the Press” on Sunday. “But if a nominee is one that is so activist like Goodwin Liu that’s just been nominated — who’s written that, that the Constitution requires welfare and health care to individuals — if it’s somebody like that, clearly outside the mainstream, then I think every power should be utilized to protect the Constitution. We’ll not confirm somebody like that.”

Supporters of Mr. Liu, nominated for the United States Court of Appeals for the Ninth Circuit, in San Francisco, argue that critics have exaggerated his writings to portray him as an ideologue. A 2008 Stanford Law Review article by Mr. Liu about welfare rights, which Mr. Sessions referred to, focused on small-scale disputes over Congressionally enacted programs — like “invalidating statutory eligibility requirements” — not creating welfare programs based on judicial fiat.

Still, Mr. Liu has been more open in expressing liberal political views — like support for affirmative action and same-sex marriage — than Mr. Obama’s other appeals court nominees. In that sense, he is arguably the first Obama nominee who is the equivalent of some of the most controversial nominees by Mr. Bush, several of whom Democrats delayed or blocked.

Mr. Liu also earned conservative enmity by criticizing Mr. Bush’s two Supreme Court appointees, Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. And a book he co-wrote argues that judges should interpret the Constitution “in light of the concerns, conditions and evolving norms of our society” — an approach some conservatives say enables judges to impose their own political values.



Mich. woman pleads no contest to murdering 4 teens
Court Feed News | 2010/04/13 15:39

The woman accused of killing four Lake Shore High School teens in a car crash last year pleaded no contest this morning to four counts each of second-degree murder and operating a vehicle while intoxicated, causing death.

Frances Dingle, 48, of Mount Clemens, is scheduled to be sentenced on May 19 in Macomb County Circuit Court. She faces a minimum of 19 to 30 years in prison and a maximum of life. A no contest plea is not an admission of guilt but is treated as such for sentencing purposes.

"The families are somewhat relieved that they don't have to sit in court for the next three weeks and relive that horrific night," Macomb County Prosecutor Eric Smith said.

Authorities say Dingle was driving drunk when she crashed into a car carrying all four teens on March 16, 2009.

Jury selection was set to take place today before Macomb County Circuit Judge Don Miller. Due to the high-profile nature of the case, Frances Dingle's attorney, Mike Dennis, said he worked with prosecutors Friday on a "rather lengthy" jury questionnaire.



Calif. man pleads guilty to posing as Navy officer
Court Feed News | 2010/04/13 14:39

Prosecutors say a California man who posed as a military officer and sought donations that he claimed would help wounded veterans has pleaded guilty to federal fraud charges in the scam.

Sixty-year-old James Barbee of Pacific Grove pleaded guilty to felony mail fraud and misdemeanor wearing a military uniform unlawfully in U.S. District Court in Los Angeles on Monday.

Prosecutors say Barbee admitted to using his organization, the Liberty Spirit Farm Foundation, to solicit donations which he spent on himself. He posed as a Navy commander and a military doctor and claimed the donated money would go to veterans with combat-related post-traumatic stress syndrome.

Prosecutors say Barbee collected more than $94,000 from donors in Missouri and California over the course of a year.



US law firms see double revenue dip
Headline News | 2010/04/13 12:39

SIGNS of the damaging effects of the global recession on law firm business came as the top 10 US law firms with offices in London reported an average double-digit fall in financial figures for 2009.

Often described as the bellwether for how the UK’s law firms will report finances for the year, US firms saw an overall average drop of around 12 per cent in London revenue in 2009.

White & Case, which held on to its spot as the top US firm by revenue, saw London fee income fall from $245.9m to $197m for the year, while Baker & McKenzie saw its numbers fall to $184.5m.

“International law firms with offices in London which have heavily relied on transactional practices had a difficult year in the aftermath of the Lehman Brothers crash,” said Baker & McKenzie London managing partner Gary Senior.

US firms have been particularly hit by the drop off and lack of M&A work, as well as a fall off of banking and capital markets work.



Law firm Thorp Alberga opens Hong Kong office
Law Firm News | 2010/04/13 11:49

Richard Thorp and Harriet Unger, formerly with Maples and Calder, will lead the Asian practice.

Both are authorised by the Law Society of Hong Kong to practise Cayman Islands law in the firm’s new Hong Kong office and are also admitted in the British Virgin Islands.

Thorp is a securities and funds lawyer who has acted on a broad range of funds and general corporate matters, including the establishment of private equity and hedge funds and advising the directors and administrators when complex issues arose.

He joined Maples and Calder in London in 1998 and was transferred to Maples’ Hong Kong office in 2001 where he was made partner in 2004.

Unger is a structured finance specialist whose expertise covers all areas of capital markets transactions. She also has extensive experience of banking and corporate transactions and has been based in Asia for almost ten years.

Prior to her work at Maples and Calder, Unger worked for Simmons & Simmons in its London, Hong Kong and Tokyo offices and has been seconded to two major European investment banks in London.



IRS sues St. Louis tax lawyer over fraud claim
Lawyer News | 2010/04/13 09:50

The federal government is trying to bar a financial attorney from offering alleged fraudulent tax saving schemes that help wealthy clients, many of them in the St. Louis area, according to a suit filed Monday in U.S. District Court here.

In the suit, the Internal Revenue Service asks the court to forbid St. Louis attorney Philip A. Kaiser and others affiliated with him from promoting fraudulent tax schemes. The suit says those schemes include:

- sham transactions claiming "massive" charitable deductions, with little or no money going to legitimate charities;

- evasion of federal income tax on gains from stock sales by disguising the sales as loans;

- illegal circumvention of contribution limits for Roth IRAs;

- and evasion of income tax on business earnings by using transactions with sham corporations.



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