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Sixth Circuit rejects Ohio lethal injection challenge
Court Feed News | 2007/03/03 21:27

A three judge panel of the US Court of Appeals for the Sixth Circuit threw out a lawsuit challenging Ohio's death penalty procedure Friday on the grounds that the claim was filed too late. In the 2-1 opinion, judges Richard Fred Suhrheinrich and Edward Eugene Siler decided that the statute of limitations on the inmate's 42 USC 1983 method of execution challenge would have run at the latest two years following the 2001 decision that made lethal injection Ohio's only form of execution. Plaintiff Cooey did not file his challenge until December of 2004.

Last year Ohio executed its first prisoner using modified lethal injection procedures aimed at preventing extreme pain during an execution. The procedures were changed last June following a difficult May execution where staff struggled to find a vein to administer the lethal injection cocktail, and the one they did use collapsed before injection.



Homeland Security extends REAL ID compliance deadline
Legal Career News | 2007/03/03 07:26

The US Dept. of Homeland Security (DHS) Thursday agreed to extend by 18 months the compliance timeline for the REAL ID Act until December 31, 2009. In addition to the extension of the deadline imposed on states, DHS will allow states to use as much as 20 percent of the money allocated by the agency to ensure compliance. The proposed changes follow resistance by state and federal lawmakers, who questioned the feasibility of implementing uniform driver's license standards under the act before the original May 2008 deadline, and aim at assuaging concerns over the cost of the new regulations.

The REAL ID Act, initially drafted after the Sept 11 attacks and designed to discourage illegal immigration, attempts to make it more difficult for terrorists to fraudulently obtain US driver's licenses and other government IDs by mandating that states require birth certificates or similar documentation and also consult national immigration databases before issuing IDs. The law is also meant to make it more difficult for potential terrorists to board aircraft or enter federal government buildings. After controversy and strenuous opposition from civil libertarians it finally passed in 2005 as part of an emergency supplemental appropriations defense spending bill.



Belgium bans investments in cluster bomb makers
Legal World News | 2007/03/03 06:22

Belgium has become the first country to criminalize investment in companies that make cluster bombs. Legislation passed the Belgian Senate on Thursday, and the Parliament plans to publish a list of companies that manufacture cluster munitions. Belgian banks KBC and Fortis have already terminated their investments in such companies, and KBC has published its own list of manufacturers. The new law will prohibit Belgian banks from owning shares in cluster bomb manufacturers or offering them credit.

Last week, 46 countries pledged to develop a new international treaty to ban the use of cluster bombs by 2008 at the Oslo Conference on Cluster Munitions. Last year, Belgium was the first country to ban cluster bombs. Although the US did not attend the Oslo conference, top Democratic lawmakers recently introduced a bill in the US Senate that would ban federal funds for the use, sale or transfer of cluster bombs. Cluster munitions, which have been used by at least 23 countries, are considered by many to be inaccurate weapons designed to spread damage indiscriminately and could therefore be considered illegal under multiple provisions of Protocol I of the Geneva Conventions (1977).



Washington Senate passes domestic partnership bill
Legal Career News | 2007/03/02 17:15

The Washington State Senate passed a domestic partnership bill (SB 5336) Thursday which would establish a domestic partner registry, giving same-sex couples enhanced rights including inheritance, hospital visitation, and the power to authorize medical procedures. The bill, sponsored by openly gay Sen. Ed Murray (D) passed by a vote of 28-19, defeating a proposed amendment by Senator Don Benton (R) that would have added a referendum clause. Benton and others who voted against the bill said it was an attempt to undermine traditional marriage. The bill now moves to the house as House Bill 1351. Washington Gov. Chris Gregoire is expected to sign the measure if it passes.

Last year Washington passed a landmark gay civil rights act sponsored by Murray, which rewrote Washington's Civil Rights Act to include the phrase "sexual orientation" among the classes of people protected from discrimination in housing, lending, and employment. Last week the state determined that a heterosexual woman could not use that law to secure health care benefits for her male partner because a federal law on the topic trumps it.



Lawyer pleads not guilty in theft of clients’ $750K
Court Feed News | 2007/03/02 03:11

A disbarred lawyer indicted on charges of stealing about $750,000 from former clients pleaded not guilty at his arraignment yesterday.

Peter L. Schofield, 54, of 52 North St., Grafton, was arraigned in Worcester Superior Court on nine counts of larceny of more than $250, crimes he allegedly committed on various dates from Aug. 1, 2002, to March 13 of last year. He was indicted last month.

The Lithuanian War Veterans Organization alleges Mr. Schofield stole more than $500,000. 

Judge John S. McCann set bail of $5,000 cash, as requested by Assistant District Attorney Herbert F. Travers III, and continued Mr. Schofield’s case to March 20. Mr. Schofield’s lawyer, Sean R. Holland, did not object to the prosecutor’s bail request, and Mr. Schofield was released after posting the $5,000.

Mr. Schofield and Mr. Holland declined to comment on the charges after the arraignment.

Mr. Schofield, a real estate lawyer who was admitted to the bar in 1985, was disbarred May 25 based on a New York couple’s allegations that he stole more than $84,000 from them in the sale of property they owned in Grafton. Checks totaling $84,274 that Mr. Schofield sent from his trustee account to the husband and wife, Brian and Deborah Larsen, bounced, according to a Board of Bar Overseers’ summary of the allegations that led to Mr. Schofield’s disbarment.

The Larsens are listed as victims in two of the indictments against Mr. Schofield. The indictments were returned by a grand jury Feb. 16.

Another of his alleged victims is the Lithuanian War Veterans Organization Inc., which filed a civil lawsuit against Mr. Schofield last year. The suit alleges that Mr. Schofield stole some of the proceeds from the $560,000 sale of the organization’s headquarters on South Quinsigamond Avenue in Shrewsbury to Adelphi Inc. of Shrewsbury, a branch of the Knights of Columbus.

The veterans group, which hired Mr. Schofield to complete the 2004 sale and resolve related legal matters, is seeking $600,000 in damages in its civil action.

The indictments list eight other alleged larceny victims, all former clients of Mr. Schofield.



Clifford Chance Law Firm Receives Trio Of Awards
Headline News | 2007/03/02 00:12

Clifford Chance's Asian funds and private equity teams have been honoured with three separate industry awards this week.

On 28 February, the funds team was named Best Law Firm for Asset Management in 2006 by Asia Asset Management magazine.

Today, Clifford Chance's was voted Asia's Best Law Firm (Fund Formation) and Asia's Best Law Firm (Deals) for 2006 in Private Equity Online's annual poll.

"The awards reflect the firm's commitment to building the pre-eminent funds and private equity teams in Asia," said partner James Walker, who leads the firm's Asian funds practice.

"We have been working with our clients since the first funds were established in Asia, and we're delighted that they continue to choose us as their advisors today."

Private equity partner Andrew Whan has advised on many of the year's most significant deals. "It has been a record year for private equity in Asia, with the high level of activity, arrival of more global players, and increasing convergence between the hedge fund and private equity industries."

"Our leading private equity and funds teams work closely, enabling us to provide a well-matched, full life-cycle service to our clients as this convergence evolves."



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