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Former President Bush endorses McCain
Law & Politics | 2008/02/18 18:37
Sen. John McCain, trying to solidify his support among conservatives amid resolute competition from former Arkansas Gov. Mike Huckabee, today won the endorsement of former President George Bush.

Welcoming "an old friend back to Texas," Bush called McCain -- who served as a Navy pilot during the Vietnam War and was captured and tortured by the Viet Cong -- "a remarkable patriot."

"Few men walking among us have sacrificed so much in the cause of human freedom," the former president said, adding that McCain has "the right values and experience to guide our nation forward at this historic moment."

Asked about conservative unease with McCain, the 41st president read from the diaries of former President Ronald Reagan, who was also assailed by the Right during his presidency for being "a turncoat." Bush dismissed conservative criticism of McCain as "an unfair attack," and said the Arizona senator has "a sound conservative record but not above reaching out to the other side,"

For his part, McCain, who has parted company from conservatives on immigration, taxes and campaign finance, said he welcomed the Bush endorsement and hoped it would help him rally the party behind him to begin waging a battle against Democrats.

"We as a party must unite and move forward and attract not only members of our own party but independents and so-called Reagan Democrats," McCain said, adding that Democrats had been wrong when they said the surge in Iraq would not work and should be held accountable for their position.

As McCain worked to tighten his hold on the Republican nomination, Democrats Hillary Rodham Clinton and Barack Obama were battling it out for votes ahead of Tuesday's Wisconsin and Hawaii primaries.


Employer retaliation cases reach U.S. Supreme Court
Legal Career News | 2008/02/18 13:44
Employers, managers, and supervisors wield enormous power in the workplace over the lives and wellbeing of their employees.

Congress has recognized that sometimes this power can be abused by managers who retaliate if they don't like something that employee has said or done.

This week, the US Supreme Court will hear oral arguments in two cases examining how, when – or even if – employees can fight back against such abuses of power. On Tuesday, the high court will examine whether a US postal worker can claim retaliation in a lawsuit under the Age Discrimination in Employment Act because she says her supervisor refused to let her return to her old job because he didn't like her personally. Instead, he hired a younger, less experienced worker.

On Wednesday, the justices will hear the case of a former assistant manager at a Cracker Barrel restaurant who alleges he was fired in retaliation for his repeated complaints about racial prejudice by his supervisor.

In both cases the laws cited do not explicitly authorize legal action in response to an act of retaliation. Lawyers for the employees say retaliation is a particularly virulent form of illegal discrimination and thus falls within the scope of the US's civil rights laws even when those laws don't specifically mention retaliation.

Lawyers for companies and supervisors counter that if Congress wanted to authorize lawsuits to punish acts of retaliation, it would have written it into each statute.



Germany expands probe of Liechtenstein tax evasion
Legal World News | 2008/02/18 11:50
Investigators probing alleged tax evasion by Germans stashing money abroad mounted more raids Monday in and around Munich, where several major businesses are based.

Christian Schmidt-Sommerfeld, Munich's chief prosecutor, said the raids were done in cooperation with investigators in Bochum who are looking into more claims of tax evasion, following the resignation of Klaus Zumwinkel, chief executive of Deutsche Post. Bochum prosecutors last week said Zumwinkel is suspected of evading about 1 million euros ($1.5 million) in taxes by transferring money to tax haven Liechtenstein.

German Chancellor Angela Merkel made clear Monday that she will press Liechtenstein for greater transparency, arguing that the tiny country's reputation is at stake.

So far, no other people suspected in the investigation have been named, but the government acknowledged over the weekend that its Federal Intelligence Service, or BND, had paid an informant some euro5 million ($7.3 million) for a list with the names of account holders from a Liechtenstein bank.

"The government received an unsolicited offer of information," Ulrich Wilhelm, Chancellor Angela Merkel's spokesman told reporters Monday.



USDA issues largest beef recall in US history
Lawyer Blog News | 2008/02/18 10:42
An undercover video showed workers using forklifts to get sick cows to the slaughterhouse. It's that video that caused the largest beef recall in United States' history. The 143-million pounds of meat was mainly used in school cafeterias and fast food restaurants.

As disturbing as the video is, what may be more disturbing is that the animals, too sick to walk, could have ended up in the food chain.

The undercover footage was shot by the humane society, and it has lead to the largest recall of meat in United States history. The USDA has ordered more than 140 million pounds of fresh and frozen beef off store shelves. The meat was processed by the Westland/Hallmark Meat company in Chino, Calif. The Humane Society claims, this video shows cows being shocked and even pushed with a forklift to get them to walk into the slaughterhouse, so they can pass inspection. When animals are too sick too walk, it's against the law to use them for human food.

Westland/Hallmark Meat is a supplier beef to two major West Coast fast food restaurants, and the company is a major supplier for the federal school lunch program. The USDA released a statement that said in part: "We don't know how much product is out there right now, we don't think there's a health hazard, but we do have to take this action." Critics said the Feds dropped the ball.

"It's clear the USDA system failed and it allowed this company to engage in long term inhumane practices," said Paul Shapiro.

The recall covers every beef product Westland/Hallmark Meat has produced in the last two years. No charges have been brought against the company for safety issues, but two employees have been charged with animal cruelty.


Big-Law Associates Facing 2008 Salary Cap
Attorney Blogs | 2008/02/17 21:07

When in 2006 big law firms bumped up the starting salary for first-year lawyers $20,000 to $145,000, we thought, those lucky associates! When, last year, they told us it was going to $160,000, we thought, those darn associates! But this year, things might be different. In recent years, announcements of associate salary bumps have come out in January or February. And here we are, mid-way through February, and nothing’s doing. We’re not necessarily surprised: with the economy slumping, work (especially the transactional type) is down at a lot of law firms, and the short-term horizon looks pretty grim. “2008 is shaping up to be really tough,” said one big-firm managing partner to the Law Blog earlier today.

We called around to firms to find out whether associate salaries, called economically-irrational in some quarters, have finally (or, at least, for now) hit a ceiling. The answer seems to be yes.

“We’re not going to do anything,” said Orrick spokeman Allan Whitescarver, noting that law firms compete for talent with investment banks and consulting firms. “Times aren’t good for them either,” said Whitescarver. “We’re going to sit tight and keep the salaries capped.”

We’d venture to guess, however, that few big firm chairmen wake up on Jan. 1 and say, “you know what, our associates don’t make enough money; let’s bump their salaries!” What typically happens is that a single firm, in an attempt to flex its muscles, raises salaries, and everyone else follows, fearing the fallout if they don’t. Simpson Thacher was the eager beaver last year.

Whitescarver leaves room for this possibility. “If other firms move up, we and others will follow.”

Other firms, including WilmerHale and Milbank, also told the Law Blog that, for now, first-year salaries will stay at $160,000.



Supreme Court Weighs 5 Age Bias Cases
Lawyer Blog News | 2008/02/17 20:58
There is only one anti-bias law — the one against discrimination based on age — that would cover all nine Supreme Court justices, if such laws applied to them.

The justices, ranging in age from 53 to 87, are the last people to worry about such things in their own lives. They have life tenure and no mandatory retirement age.

Yet the justices are confronted by allegations of age discrimination in five cases this term. While the sheer number of cases probably can be explained away as coincidence, the topic is one of growing importance as more people work longer because of economic necessity or by choice.

"The importance of protecting older workers as the work force ages is enormous," said Stu Cohen, AARP's director of legal advocacy. "More older workers remain in the workforce and projections are that the percentage will continue to expand."

The percentage of people 65 and over who continue to work has grown from 10.8 percent in 1985 to 16 percent last year, AARP said. For people 55 to 64, the numbers also are up, from 54.2 percent in 1985 to 63.8 percent in 2007.

The Age Discrimination in Employment Act applies to workers who are at least 40. It prohibits discrimination based on age in hiring and firing, promotions and pay.

"Literally every employee at some point is going to be protected by it because all of us get older. It's true whether you are a male, female, minority or not. It's not true for any other statute. It's a very broad class of protected people," said Steven R. Wall, a partner at the Morgan, Lewis & Bockius law firm in Philadelphia.

The cases at the court this year include what kind of evidence an employee may present to bolster an age discrimination claim; whether retirement-age workers are entitled to disability payments; and whether federal workers who complain about age discrimination are protected from retaliation.

The last issue is the subject of oral arguments Tuesday in a case involving a postal worker in Puerto Rico who complained of both discrimination and retaliation. Federal courts dismissed the retaliation claim, saying there is nothing in the age discrimination law that allows such claims by federal employees.

Other anti-discrimination laws do provide protection from retaliation for government workers, said Eric Dreiband, former general counsel to the Equal Employment Opportunity Commission. The language in the laws are different "and it would appear deliberately different," Dreiband said.

The AARP and the National Treasury Employees Union are backing the employee.

The most important case from employers' perspective involves "me-too" evidence in a lawsuit filed by a woman who was 51 when she was laid off by a subsidiary of Sprint Nextel Corp.

The fight at the Supreme Court is over whether she should be able to introduce testimony from other employees who also say they were victims of age discrimination, even though they worked for other supervisors.

The employee, Ellen Mendelsohn, argued that such evidence is critical to establishing a culture of discrimination.

"Is it fair to an employer that somebody can call co-workers to testify, even though they had nothing to do with the plaintiff or her boss?" said Wall. "To sum it up from a management attorney's perspective, it's a very dangerous case because you can see how that applies no matter the form of discrimination."

A third case tests whether a retirement plan can treat disabled employees of different ages but similar tenures differently.

Kentucky's public retirement system prohibits employees who become disabled and are eligible for retirement from collecting disability retirement benefits, which can be more generous than regular pensions. The state says those employees are entitled only to their regular pensions.

By contrast, an employee who becomes disabled before he is eligible for retirement will receive a disability pension.

A former employee, backed by the EEOC, says the older worker often will receive lower benefits, sometimes dramatically so, in violation of the age discrimination law.

Decisions in all the cases are expected by late June.

As baby boomers get older, an increase in age discrimination suits seems likely, said David B. Ritter, a partner at the Neal Gerber & Eisenberg law firm in Chicago.

"Telling these folks they're too old or having them thinking that their younger boss thinks they're too old, they're not going to go quietly into the night," Ritter said.

Cohen, the AARP executive, said his group's research suggests that some people wish to continue working because they believe it will help them stay healthy.

Some workers also cling to their jobs because they need the health insurance, if not the paycheck. "They are mostly there out of necessity," Cohen said.



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