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Fla.: Feds Approve Gambling Agreement
Lawyer Blog News | 2008/01/03 17:06

Federal authorities approved an agreement between Gov. Charlie Crist and the Seminole Tribe that allows expanded gambling at the tribe's casinos in exchange for payments to the state, officials said. Attorney General Bill McCollum and the governor's office said the U.S. Department of the Interior on Monday approved the compact Crist signed with the tribe. It now has to be published in the Federal Register to take effect. It was not immediately clear when that would happen, and a spokeswoman for the department's Bureau of Indian Affairs didn't return a call seeking comment.

McCollum said he is asking a federal judge to quickly hold a hearing on a lawsuit he filed last month to keep the agreement from going into effect until the Florida Supreme Court decides whether Crist was authorized to sign the compact without legislative approval.

The agreement allows Las Vegas-style slots and card games like blackjack and baccarat at the Seminole's seven casinos. The state would get $50 million immediately and $100 million guaranteed in the first year. In the second year, the state is guaranteed $125 million and at least $150 million in the third year. Following that, the amount depends on revenues - but everyone involved in the negotiations said it will quickly add up to billions.

Without the compact, the tribe would have at least been able to install Las Vegas style slots without paying any money to the state because the Florida approved slots at Broward County jai-alai frontons and horse and dog tracks.

Crist signed the compact in November. House Speaker Marco Rubio and Senate President Ken Pruitt are challenging Crist's authority to enter into the agreement on his own and the Supreme Court plans a hearing on the case Jan. 30.



China aims to replace shooting with lethal injection
Legal World News | 2008/01/03 17:01
China, which executes more people each year than any other country, will expand the use of lethal injections instead of gunshots for death sentences, a state-run newspaper reported Thursday.

Half of the country's 404 Intermediate People's Courts, which carry most executions, now use lethal injections, the China Daily quoted Jiang Xingchang, vice president of the Supreme People's Court, as saying.

Lethal injection "is considered more humane and will eventually be used in all Intermediate People's Courts," Jiang said in the report. He did not give a time schedule for the change.

China does not officially release capital punishment figures, but it is believed to execute more people each year than the rest of the world combined. Death penalty recipients include some people convicted of nonviolent crimes such as fraud.

The human rights monitoring group Amnesty International says China executed at least 1,770 people in 2005 — about 80 percent of the world's total. The true number is widely believed to be many times higher, however.

China has attempted to reform its capital punishment system following reports in 2005 of executions of wrongly convicted people, and criticism that lower courts arbitrarily impose the death sentence.

An amendment to China's capital punishment law, enacted in November 2005, restored to the Supreme People's Court the sole right to approve all death sentences, ending a 23-year-old practice of allowing provincial courts alone to sign off on executions.



Minnesota Supreme Court denies Blom's third appeal
Court Feed News | 2008/01/03 16:12

For the third time, an appeal by convicted killer Donald Blom has been turned back by the Minnesota Supreme Court. Blom was convicted in the 1999 kidnapping and killing of 19-year-old Moose Lake convenience store clerk Katie Poirier, a case that sparked new sex offender laws in Minnesota. On Thursday, the Supreme Court rejected Blom's attempt to gain a new trial, saying his arguments didn't meet a procedural threshold.

In his appeal, Blom appears to make five different claims: that the district court did not apply the appropriate standard when reviewing his petition for postconviction relief; that his confession was coerced and, therefore, its admission into evidence violated his constitutional rights; that the district court improperly asserted subject matter jurisdiction over federal charges by leading him to believe that his confession would result in resolution of federal firearm charges and by issuing orders interfering with Blom's access to his federal public defender; that he has been improperly denied the opportunity to develop evidence demonstrating his actual innocence; and that he is being improperly held out of state to prevent him from perfecting his appeal.

Carlton County Attorney Thom Pertler prosecuted Blom.

"He was tried and convicted by the jury," Pertler said last Thursday night. "I think the Supreme Court recognizes that you give deference to the jury and what they decide on the merits of the case. The issues that he was raising — although difficult to ascertain what they were — were looked at by the Supreme Court and it was determined that the claims he was asserting had been previously asserted so he wasn't entitled to any relief."

Blom is serving a life sentence. Now 58, and formerly of Richfield, Minn., Blom was convicted of abducting Poirier from the Moose Lake convenience store where she worked May 26, 1999, strangling her on his nearby vacation property and then burning the body.

After his arrest, Blom confessed to strangling the woman. He later recanted the confession, but it was used in his trial. He was convicted of first-degree murder on Aug. 16, 2000, at the conclusion of a 10-week trial in Virginia. The conviction was automatically appealed to the Minnesota Supreme Court and affirmed. He filed another appeal last January, which led to Thursday's decision.

Blom is serving a life prison sentence without parole for Poirier's murder and a 19-year, seven-month sentence on a federal gun charge. He is being held in a Pennsylvania prison, where his anonymity among inmates can help protect his safety.



IRS offers guidance on tax preparer penalties
Lawyer News | 2008/01/03 14:02
The U.S. Internal Revenue Service has issued temporary guidance about tax return preparer penalties until the agency completes an overhaul of the regulations later this year.

The notice, issued by the IRS on Monday, provides guidance about the standards of conduct that must be met by a tax return preparer to avoid a penalty for an understatement of tax that may result from a position taken on a tax return.

"It is important to note that the regulations expected to be finalized in 2008 may be substantially different from the rules described in this notice, and in some cases more stringent," the IRS notice said.

The IRS guidance applies to large companies such as Jackson Hewitt Tax Service and H&R Block Inc as well as to private attorneys and accountants who prepare tax returns.

A tax preparer may rely in good faith upon information furnished by the taxpayer or another adviser or third party, and is not required to independently verify or review the items reported on tax returns to determine if they are likely to be upheld if challenged by the IRS, the agency said. However, the tax return preparer must make "reasonable inquiries" if the information appears to be incorrect or incomplete, it said.

The IRS notice also asked accountants, industry groups, consumer groups and the public to submit comments by March 24 on how the agency should define "tax return preparer" in its overhaul of regulations.



Supreme Court Justice Bill Clinton?
U.S. Legal News | 2008/01/03 13:03
It is a title that would be sure to bring either fear or cheer to many Americans, depending on your political leanings: Supreme Court Justice Bill Clinton.

That provocative possibility has long been whispered in legal and political circles ever since Sen. Hillary Clinton became a viable candidate for the Democratic presidential nomination. Now a respected conservative law professor has openly predicted a future President Clinton would name her husband to the high court if a vacancy occurred.

Pepperdine Law School's Douglas Kmiec said, "The former president would be intrigued by court service and many would cheer him on."

Kmiec worked in the Reagan and Bush 41 White Houses as a top lawyer, but said he has no personal or political "disdain" for Bill Clinton.

CNN talked with several political and legal analysts of both ideological stripes, and while several laughed at the possibility, none would rule it out completely. And all those who spoke did so on background only.

There is precedent for such a nomination: William Howard Taft, who called his time as chief justice, from 1921 to 1930, the most rewarding of his career. He was president from 1909 to 1913.

As one Democratic political analyst said, "You may recall recent trial balloons that Mr. Clinton was perhaps interested in becoming U.N. secretary-general. If he is grasping for a similarly large stage to fill his ambitions and ego, what better place than the nation's highest court, where could serve for life if he wanted?"

But a conservative lawyer who argues regularly before the high court noted Chief Justice John Roberts is fully entrenched in his position, and that might be the only high court spot Clinton would want. He also might not enjoy the relative self-imposed anonymity the justices rely on to do their jobs free of political and public pressures.

"Court arguments are not televised, and most justices shy away from publicity as a matter of respect for the court's integrity," said this lawyer. "Could Justice Clinton follow their example?"

Politics, however, may trump family ties. Perhaps three justices or more could retire in the next four to eight years, among them some of the more liberal members of the bench. The new president might face competing pressures to name a woman, a minority — especially a Hispanic or an Asian-American — and a younger judge or lawyer to fill any vacancies, three qualifications a white male in his 60s like Clinton would not have.

"This particular idea has zero chance of coming true," said Thomas Goldstein, a top appellate attorney who writes on his popular Web site, scotusblog.com.

The more immediate effect of such talk might be more practical: it could help motivate conservative voters in an election year to ensure no Clinton ever reaches the White House or the Supreme Court anytime soon.



Emerging markets fuel firms' global growth
Attorney Blogs | 2008/01/03 10:10
Chicago mayer Brown's global ambitions received a much-needed boost late last month when the Chicago law firm announced it will join forces with a 260-lawyer Hong Kong-based firm.

The deal, a rare trans-Pacific legal merger, reflects how the forces of globalization and consolidation are transforming the business models of the largest U.S. law firms. Mayer Brown joins an elite group of firms with major offices in some of the world's financial centers: New York, London and Hong Kong. They are jockeying for position on the world stage, a battle that shows signs of heating up in 2008 as concerns about the American economy grow.

"There's a war going on out there in terms of world position," said Kay Hoppe, a Chicago legal consultant and recruiter. "The game is moving very fast, and not everybody is going to survive."

The world is getting flatter, to borrow a metaphor, for the legal profession in part because of strong economic growth in emerging markets. China, for example, had nearly $70 billion in foreign direct investment in 2006, creating demand for international legal expertise in transactions, trade and disputes. Investment and commercial banks and other multinational clients also want lawyers on the ground, versed in local laws and business customs.

"If your clients need sophisticated legal advice we want to be there so they don't go to another firm," said Robert Dell, chairman of Latham & Watkins, which has more than 2,100 lawyers in 24 offices around the world. His firm's globalization, he said, "is partially offensive and partially defensive."

Mayer Brown's merger capped a busy year for global expansion, especially in Asia. McDermott, Will & Emery, a 1,000-lawyer firm founded in Chicago, kicked off 2007 by entering a strategic alliance with a law firm in mainland China. McDermott said the deal was the first of its kind because it overcame restrictions in China that bar foreign firms from practicing Chinese law. U.S. lawyers in China cannot represent clients in Chinese courts or sign formal opinions, so they generally partner with local firms on a case-by-case basis.

Despite tight regulations mainland China remains the most attractive market for foreign law firms, experts said. More than 40 opened offices there between 2004 and 2006, according to legal consultant Hildebrandt International Inc.

Up to now Mayer Brown, despite boasting that it is one of the world's pre-eminent law firms, had a limited presence in Asia. It had a trade office in Beijing and opened a legal practice in Hong Kong in late 2006 that it planned to increase to 100 lawyers in three years.

Building that kind of scale that quickly was an "aggressive" goal, acknowledged Mayer Brown's vice chairman, Paul Maher, who led the team in merger talks with Johnson Stokes & Master.

Developing foreign offices from scratch is expensive. Firms can expect to invest several million dollars over three to five years before they can hope to make a profit, legal consultants said.

Instant major player

The merger with Johnson Stokes & Master, one of Hong Kong's oldest and largest firms, instantly makes Mayer Brown a major player in the Asia-Pacific region. Johnson Stokes, whose clients include financial institutions such as Bank of China, HSBC Holdings PLC and Cathay Pacific Airways, also has three offices in mainland China. Most of its lawyers are based in Hong Kong, which has more Western-style business regulations and legal practices.

Ralph Savarese, a retired chairman of Howrey & Simon law firm who is now a management consultant, applauded Mayer Brown for making a bold move to achieve critical mass in a new market, but he also cautioned that the merger has risks.

"The challenge is integration and making the new group of lawyers fully integrated into your operation," Savarese said. "It's the execution part that's very difficult."

Mayer Brown has a lot of experience combining law firms. In 2002 it merged with London's Rowe & Maw, which had 250 lawyers. Maher, 48, emerged from London to become one of three partners in the new Office of the Chairman created in 2006 to help manage the firm.

Before the London deal Mayer Brown had about 1,000 attorneys, more than half in Chicago, and revenue of about $600 million. When the Hong Kong merger is completed Jan. 28 the firm will have 1,800 lawyers and revenue of more than $1.2 billion.

Global scope

Only a handful of firms can match or exceed Mayer Brown in terms of numbers of lawyers and geographic scope. They include DLA Piper; Baker & McKenzie; Latham & Watkins; Jones Day; Skadden, Arps, Slate, Meagher & Flom; White & Case; and Sidley Austin.

Interestingly, three of the firms -- Baker & McKenzie, DLA Piper and Sidley Austin -- are based in Chicago or have strong Chicago roots. Yet Chicago does not have a strong identity as an international legal center, said Carole Silver, a senior lecturer at Northwestern Law School who focuses on globalization and the legal profession.

"People outside of the U.S. tend to think of New York before Chicago," she said.

New York's dominance as a financial center weighs heavily in its recognition. The top Chicago firms have established offices in New York but penetrating the market has been more difficult for some, including Mayer Brown.

DLA Piper also is not considered one of the top-tier New York firms. But it has found that its international legal work can help gain credibility with investment banks and other financial institutions that fuel the legal market in New York.

"Because we weren't an elite New York firm we decided we would look at emerging markets like China, India and the Middle East," said Lee Miller, a joint chief executive officer at DLA Piper. "You can penetrate the investment banks in those markets and circle back to New York."

Maher acknowledges that Mayer Brown is "keen" on increasing its size in New York, after losing a number of New York lawyers to other firms in the last two years. It's a critical piece of Mayer Brown's strategy.

"Our strategy has been focusing on our client base in sophisticated financial markets," Maher said. "We don't think there are that many places at the table for major global legal players."


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