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Firm suspends lawyer in school district scandal
Headline News | 2008/02/19 11:14

A part-time private attorney who was listed as a full-time employee by five school districts - enabling him to earn health benefits and a nearly $62,000-a-year state-funded pension, while his law firm was paid millions of dollars in fees - has been suspended by his current law firm, one of its partners said yesterday.

Steven Schlesinger, a partner in the Garden City law firm of Jaspan, Schlesinger, Hoffman, said yesterday that his firm had suspended Lawrence Reich and asked for his resignation. Reich had been serving as of counsel, or as a consultant, to the law firm since Jan. 1.

Newsday reported Friday that five school districts falsely reported to the state that Reich, 67, was a full-time employee in each district at the same time. The districts were Baldwin, Bellmore-Merrick High School, Copiague, East Meadow and Harborfields.

"Based on the publicity, it's not any good to have him at the firm," Schlesinger said. "I don't need P.R. liabilities."

He added, however, "I don't think any laws were violated."

Schlesinger said the firm has not heard from Reich since the disclosures. "We're trying to locate him."

Reich, who lives in Centerport, did not return a call for comment yesterday. In an earlier interview, he defended his arrangement with the five districts as "common practice."

At the same time that the districts claimed Reich as an employee, they paid his then-law firm, Ingerman Smith of Hauppauge, more than $2.5 million in fees, according to district records. Under Internal Revenue Service rules, a person cannot be treated as both an employee and independent contractor for the same work.

After the Newsday story appeared, agents with the Federal Bureau of Investigation served all five districts with subpoenas for financial records.

In addition, the New York State comptroller has sent letters to four of the five districts, notifying them that they would be audited. Reich left the payroll of East Meadow on Nov. 30, 2001, according to records.

Reich retired with an annual pension of $61,459 in September 2006. But he continued working for some of the districts, according to letters he sent asking them to "reconfigure" his pay as a retainer, rather than as a salary.

Last July, state auditors uncovered the problem in an audit of the Harborfields school district. Reich said he then contacted the state about his pension eligibility and was assured it was common practice.

The state took no action, and the issue was not included in the final audit of Harborfields.

Nonetheless, Reich notified the districts that he was retiring for good in October.

In December, Ingerman Smith notified the districts that Reich was leaving the firm.



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.



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