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Padilla terrorism trial starts in Miami
Court Feed News | 2007/04/17 11:51

The trial of Jose Padilla and two co-defendants on terrorism charges began Monday with jury selection. Defense attorneys have expressed concern that potential jurors may have been tainted by early accusations that Padilla had planned to set off a radioactive "dirty bomb", an allegation not among the charges against Padilla, and that jurors might associate the defendants with the Sept. 11 attacks. US District Judge Marcia Cooke has instructed prosecutors to only refer to Sept. 11 in a limited manner, but barred them from implying that Padilla or his co-defendants were involved.

Last week, Cooke refused to dismiss the terror charges based on Padilla's allegations that he was tortured. Padilla, a US citizen, was arrested in 2002 at Chicago's O'Hare International Airport and subsequently detained as an "enemy combatant" at a Navy military brig in Charleston, South Carolina. Initially accused of planning to set off a "dirty bomb" in the United States, Padilla went from enemy combatant to criminal defendant when he was finally charged  in November 2005 on unrelated counts of conspiracy to murder US nationals and supporting terrorist activity. He was transferred to civilian custody  in January 2006 and has pleaded not guilty to the charges. In February, Padilla was ruled competent to stand trial.



Schwartz Simon Leases 43,150 SF in Morristown
Law Firm News | 2007/04/17 08:54



The law firm of Schwartz, Simon, Edelstein, Celso & Kessler leased 43,150 square feet of office space in the Washington Office Center, a 215,037-square-foot office building at 44 Whippany Road in Morristown, NJ. The firm expects to take occupancy on a 15-year deal in August.

Washington Office Center is a three-story, Class A building completed in 1984. It has access to I-287 and Rt. 24 and is adjacent to the 160-acre Morris County Arboretum.

Douglas Gaffney and Mike Staskiewicz of The Schultz Organization represented the law firm. The landlord, RexCorp Realty, was represented in-house by Brian Fitzsimmons.



Renowned White Collar Attorney Joins McDermott
Law Firm News | 2007/04/16 22:12





The international law firm McDermott Will & Emery announced today that renowned white-collar defense attorney and trial lawyer Abbe D. Lowell is joining the Firm as a partner and will head the white-collar criminal defense practice in McDermott’s Washington, D.C. office.

Lowell is one of the premier white-collar defense lawyers in the United States and has successfully represented clients in investigations and trials all across the country.  He is widely recognized as one of the top lawyers in America and has been named one of the "100 Most Influential Lawyers" in America by The National Law Journal, one of the top white-collar litigators by Best Lawyers in America, one of the "Top Ten White Collar Defense Attorneys" by Legal Times, as one of Washington's best attorneys numerous times by The Washingtonian magazine, one of the "most winning" trial attorneys by The National Law Journal, and "one of the people you have on your rolodex" by Roll Call, the newspaper covering Capitol Hill.

His clients have included dozens of high-profile public officials, CEOs and directors of publicly traded companies and financial institutions, Fortune 100 companies and government institutions.  His clients, both current and previous, include Nevada Governor Jim Gibbons; former CEO of ImClone Sam Waksal; former CEO of Healthsouth Richard Scrushy; former D.C. lobbyist Jack Abramoff; Mississippi mayor Henry Espy; former Congressmen Bill Boner, Harold Ford, Austin Murphy, Joe McDade and Gary Condit; the actor Steven Seagal and lobbyists of the American Israel Policy Affairs Committee (AIPAC).  In addition, Lowell served as Chief Counsel to the Minority in Congress for the Impeachment of President Clinton, previously served as Special Counsel to the House of Representatives Ethics Committee, and was appointed to be Special Counselor to the United Nations High Commissioner of Human Rights in Geneva.  Prior to entering private practice, Lowell served in numerous posts in the U.S. Department of Justice, including as a Trial Attorney in the Criminal Division, a Special Assistant U.S. Attorney and a Special Assistant to the Attorney General.

In announcing the addition of Lowell to the Firm, Harvey W. Freishtat, chairman of McDermott, said:  "We are very pleased that Abbe has joined McDermott.  He is a superb lawyer and has earned an international reputation for his white-collar defense and special litigation work.  He will play an important role in our ability to represent our clients in their most difficult matters."

Jeffrey E. Stone, head of the 275-lawyer Trial Department, stated:  "We are excited that Abbe has chosen to join us over the many firms who would have loved to count him among their ranks.  His decision to join us validates and contributes to our growing reputation as one of the world’s pre-eminent trial firms.  He will work closely with our existing team and will add to our already very deep pool of talent in our national white-collar defense practice."

Lowell, who will be leaving the New York-based law firm of Chadbourne & Parke, said:  "This was a very difficult decision to make because Chadbourne is a wonderful firm and place to work.  But the chance to be part of an international white-collar and special litigation practice with so many offices where I have cases and clients, with as many colleagues who have government and defense trial experience, and with as many clients for whom I can be part of the representation is truly an irreplaceable opportunity.  McDermott is a cutting-edge law firm, and I could not pass up the chance to be part of its future."

Bobby R. Burchfield, co-head of McDermott’s D.C. office added:  "We are delighted to have Abbe as a partner.  As one of the most respected and well-known lawyers in the country, he adds immediate profile and depth to our litigation, trial and congressional investigation practices."

In addition to his practice, Lowell will continue to teach criminal law and evidence as an adjunct professor at Georgetown Law Center and Columbia Law School, and he will continue to write on legal issues for national and legal periodicals.

Also joining McDermott will be Pamela Marple, who will be a partner in the Washington, D.C. office.  Before private practice, Marple served as a trial attorney in the U.S. Department of Justice, as Minority Chief Counsel to the Senate Permanent Subcommittee on Investigations, and as Minority Deputy Chief Counsel during the Senate Governmental Affairs Committee's special investigation into campaign finance activities in 1996 and 1997.  She is an experienced attorney with deep knowledge of internal investigations, white-collar cases, federal regulatory actions, civil litigation and congressional inquiries.



Charter Communications Sues Law Firm in 2000 Deal
Lawyer Blog News | 2007/04/16 15:41

Charter Communications is suing a Los Angeles-based law firm, claiming its malpractice cost the cable operator and its holding companies more than $150 million in a cable acquisition.

The suit, filed April 6 in U.S. District Court for the Central District of California in Santa Ana, claims St. Louis-based Charter's legal counsel in the deal ' Irell & Manella LLP ' erred in legal preparations for a transaction in which Charter holding companies acquired Bresnan Communications systems from the Bresnan family and investors that included AT&T.

Bresnan owners were to get units in a Charter holding company, which could later be converted to Charter Communications stock or cash.



Maine Lawyer Arrested For Registration Fraud
Court Feed News | 2007/04/16 14:39

PORTSMOUTH - A local attorney was arrested Friday on four charges alleging he used the address of his downtown law office to register three cars, in spite of living in Kittery, Maine.

According to Katie Daley, spokeswoman for the New Hampshire Highway Patrol, Richard Foley, 53, was charged at the Newington Police Department on three felony counts of title fraud.

If convicted, according to Daley, Foley could be sentenced to a maximum of seven years in prison. The convictions could also be punishable by a maximum $4,000 fine for each of the four felony counts.

Foley was also arrested on a misdemeanor count of tampering with public records, punishable by up to one year in prison and a $1,200 fine.

The Division of Motor Vehicles Highway Patrol reports that Foley's arrest followed a two-month investigation. That investigation, according to the state, was based on information that Foley was using his 414 State St. law office to claim New Hampshire residency for the purpose of registering and titling three of his own vehicles.

Daley said the state is not releasing the attorney's Kittery street address.

Automobiles registered in New Hampshire are not subject to an excise tax, as is the case in Maine, where auto insurance is also mandated. The amount of the Maine tax is determined by the age of the vehicle and the suggested retail price.

Following his arrest, Foley was released on $4,000 personal recognizance bail and is scheduled to be arraigned May 23 in Portsmouth District Court.



Attorney General Gonzales defends prosecutor firings
Legal Career News | 2007/04/15 20:50

Attorney General Alberto Gonzales, fighting to save his job, said in prepared Senate testimony Sunday he has "nothing to hide" in the firings of eight federal prosecutors but claimed a hazy memory about his involvement in them. Two Republican senators said Gonzales has yet to shore up his credibility amid shifting explanations of his role in the dismissals. Vice President Dick Cheney reaffirmed White House support for the attorney general — but left it to Gonzales to defend himself to lawmakers who have called for his resignation.

In his 25-page statement, Gonzales apologized for embarrassing the eight U.S. attorneys and their families by letting their ousters erupt into a political firestorm that has engulfed the Justice Department since January. He maintained the firings were not improper, but said he remembers having only an indirect role in the plans beyond approving them.

"I have nothing to hide, and I am committed to assuring the Congress and the American public that nothing improper occurred here," Gonzales said in prepared testimony released before he appears Tuesday before the Senate Judiciary Committee. The panel, which oversees the Justice Department, is investigating whether the firings were politically motivated.

"I am sorry for my missteps that have helped to fuel the controversy," he said.

Gonzales added: "In hindsight, I would have handled this differently. ... Looking back, it is clear to me that I should have done more personally to ensure that the review process was more rigorous, and that each U.S. attorney was informed of this decision in a more personal and respectful way."



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