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Lawyer's actions land him in trouble
Headline News | 2008/03/14 15:07

Some people say Detroit attorney Doyle O'Connor's refusal to approve the Michigan Civil Rights Initiative for the November 2006 election ballot was an act of courage.

Others call the decision by the former member of the Board of State Canvassers an act of defiance.

Either way, the Michigan Attorney Grievance Commission has charged O'Connor with professional misconduct for failing to carry out his public duties -- the first time it has invoked the charge.

More than a dozen individuals and groups, including the Michigan Democratic Party and the League of Women Voters of Michigan, have urged the state Attorney Discipline Board to drop the charges. The board tries and disciplines lawyers for alleged misconduct.

"It's really an outrage," said state Democratic Party Chairman Mark Brewer. "If lawyers are going to be subjected to this kind of second-guessing for acts as a public official, why would any lawyer want to serve in public office? This is a political vendetta."

But the woman who filed the misconduct complaint, Owosso novelist Diane Carey, who circulated petitions for the civil rights initiative, said O'Connor violated state law and should be disbarred.

"He violated his sworn oath to ratify a petition that was legally collected by the people and deserved to be on the ballot," Carey said.

Voters passed the initiative in 2006, 58% to 42%. It banned race and gender affirmative action in university admissions and government and public school hiring and contracting.

Proposal 2 got onto the ballot, despite complaints that sponsors duped voters, especially blacks, into believing it promoted affirmative action. Supporters denied that.

The grievance commission, which investigates and prosecutes lawyers for alleged misconduct, said O'Connor refused at a July 2005 meeting to approve putting the measure on the ballot despite a state attorney general opinion that canvassers had no legal authority to look into petition fraud.

And then, in December 2005, despite a Michigan Court of Appeals order to certify the proposal, he abstained.

O'Connor said he thought he was abstaining on a motion to close debate. The next month, he voted to put the measure on the ballot.

"If lawyers can defy a court order they disagree with, then they undermine the judicial system," said Deputy Grievance Administrator Robert Edick. O'Connor stepped down from the board in 2006 under the threat of contempt charges by the court of appeals.

O'Connor, then a labor lawyer, now works as a state administrative law judge. "Rather than being prosecuted for professional misconduct, Doyle should be given an award for trying to ensure the integrity of the electoral process," said his lawyer, Kenneth Mogill of Lake Orion, who wants the discipline board to toss the charge.



Attorney General to Argue at High Court
Headline News | 2008/03/13 17:33
Attorney General Michael Mukasey will argue a case before the Supreme Court this month, honoring a custom that his two predecessors ignored. Mukasey will be the first attorney general since Janet Reno in 1996 to represent the government at the high court. Neither John Ashcroft nor Alberto Gonzales, President Bush's first two attorneys general, argued a case at the court.

Mukasey will ask the justices on March 25 to reinstate the conviction of would-be millennium bomber Ahmed Ressam on a charge that an appeals court threw out, Justice Department spokesman Peter Carr said.

The 66-year-old Mukasey is a former federal judge who presided over high-profile terrorism trials in New York.

The San Francisco-based 9th U.S. Circuit Court of Appeals overturned just one of the nine counts on which Ressam was convicted for plotting to bomb Los Angeles International Airport around Jan. 1, 2000. The charge in question is carrying explosives during the commission of another serious crime.

The appeals court said the law required prosecutors to show the explosives were carried "in relation to" the felony, which in this case was lying on a Customs form.

Mukasey will urge the justices to reverse the appeals court, in part because the ruling could make it harder to prosecute terrorists. The government argues that the law means a defendant must be carrying the explosives at the same time as he commits another crime.

Ressam's lawyer, Tom Hillier, said Mukasey's involvement "doesn't change the question before the court."

"Same case, same facts," said Hillier, the federal public defender in Seattle. "Attorney General Mukasey has had a distinguished career as a federal judge and before that as a prosecutor. He'll do a great job. He knows his stuff."

Reno was on the winning end of the case in which she argued, in support of Maryland, that police can order passengers and drivers to get out of vehicles during traffic stops.

Griffin Bell did not fare as well when he took on a controversial case in the Carter administration. Bell argued unsuccessfully against letting an endangered fish, the tiny snail darter, stop a federal dam project.

Only about one-third of the court's cases this term have been decided. The most important cases often are announced in the final days in late June.

But of the 18 majority opinions handed down so far, eight justices have written at least two each; Justice Samuel Alito has written none.

Newer justices often take a little longer to churn out their work, but Alito's first opinion last term came in December for a unanimous court.

Alito's paltry output could be a result of nothing more than the wait for dissenters to file their opinions.

The more contentious rulings typically come later. Justices need time to read drafts of their colleagues' work and make changes based on the input. It is not known what opinions Alito is writing, but most of the easy cases from the term's early days have been decided.

This all could change next week when the justices return to the bench and are likely to issue decisions.

Alito has not been completely silent. He wrote dissenting opinions in two cases involving a judge's discretion to be lenient toward defendants in drug cases.



US court dismisses suit on Barr's Plan B pill
Headline News | 2008/03/09 16:00

A federal judge on Tuesday dismissed a lawsuit seeking to halt sales of the only "morning-after" contraceptive pill available in the United States without a prescription.

The suit was filed against U.S. health regulators over their decision to allow non-prescription sales of Barr Pharmaceuticals Inc's Plan B pill.

The U.S. Food and Drug Administration and Barr were sued by the Association of American Physicians and Surgeons and other groups seeking to overturn the FDA decision.

The pill can reduce the risk of pregnancy when taken within three days of intercourse.

The U.S. District Court for the District of Columbia granted the FDA's and Barr's motion to dismiss the suit, saying the plaintiffs had failed "to identify a single individual who has been harmed by Plan B's OTC (over-the-counter) availability," according to the ruling.

Backers of reproductive rights applauded the decision.

"They still don't have any evidence in terms of why they think it is harmful," said Janet Crepps, deputy director for domestic programs at the Center for Reproductive Rights. "This is the right decision for women."

Plan B was approved in 1999. The FDA broadened the approval in 2006 to allow sale to adults without a prescription.

The pills must be kept behind pharmacy counters and can be sold to girls under the age of 18 years only with a doctor's order.



Patent police raid booths at CeBit trade show
Headline News | 2008/03/07 15:35
Police and customs officials investigating suspected patent violations seized dozens of boxes of mobile phones, navigation devices and other gadgets from exhibitors in a technology fair, authorities said Thursday. Police in Hanover said more than 180 officials were involved in the searches Wednesday at the annual CeBIT trade and technology fair in that central German city.

They did not identify the people or companies concerned, but they said "the background is the number that has been rising for years of criminal complaints by the holders of patent rights in the run-up to CeBIT."

Police said they filled 68 boxes with gadgets, documents and advertising material. The gadgets included cell phones, navigation devices, electronic picture frames and flat-screen devices, a police statement said.

All the exhibitors who were searched cooperated, except one who was briefly taken to a police station, police said. Of 51 exhibitors affected, 24 were from mainland China, three from Hong Kong and 12 from Taiwan. Another nine were German, and one each were from Poland, the Netherlands and Korea.

The alleged patent violations largely concerned devices with MP3, MP4 or digital video broadcast functions, as well as DVD players and blank CDs and DVDs, police said.



Jenner & Block law firm cuts several partners
Headline News | 2008/03/06 12:41
Jenner & Block, a top Chicago law firm best known for its trial attorneys, has downsized its partnership for the second time in two years.

At least 10 partners have been told in recent weeks they will have to give up their equity in the firm, with some being asked to leave, according to people familiar with the discussions.

The firm's chairman, Anton Valukas, confirmed this week that some partners were put on "non-equity" status, but he declined to comment on the number of lawyers affected or disclose their identities. He downplayed the cuts, describing them as nothing out of the ordinary.

"We periodically review how each of our partners and associates are doing and act on those reviews," Valukas said. "It's nothing different this year than we've done in other years."

Last year, the firm cut between 15 and 20 of its equity partners.

The cutbacks are a sign of the times in today's biggest law firms. Some of the most successful legal operations, including several in Chicago, are churning through partners. Jenner's reductions follow similar moves at Mayer Brown, Winston & Strawn, and Sonnenschein Nath & Rosenthal.

The turnover reflects the reality inside big law firms, where despite years of rising revenue and profit there is unyielding pressure on partners to bill more hours and bring in new business. Higher profits can help attract other rainmakers. Firms that don't keep up risk losing their most profitable lawyers.

"These law firms are like sports teams," said Kay Hoppe, a Chicago legal recruiter and consultant. "They are adding and subtracting and doing what they need to do. This is honestly going on almost everywhere I can think of."

The turnover at both the partner and associate level is expected to increase in coming months as law firms brace for a leaner 2008. Activity in areas of corporate law, such as finance, real estate, private equity, and mergers and acquisitions, has slowed because of the crunch in credit markets.

Jenner does not do as much corporate work as some of its peers, but the firm has been challenged by a slowdown in commercial litigation since the middle of last year, Valukas said. One of its specialties, securities litigation, is also well off its peak at the beginning of the decade.

Unlike other big law firms in Chicago, Jenner has resisted the temptation to grow through mergers and add offices around the world. It has more than 460 lawyers in three offices, but that's about one-fourth the size of Mayer Brown. The firm also maintains a culture that encourages pro bono work.

But the firm appears to be shedding some of its conservative ways. Several former Jenner lawyers said they could not recall a group of partners being forced out for economic reasons before 2007.

While still a top litigation firm, its profits per partner, a key measure of a law firm's health, is lower than firms doing the same caliber work. The average profit per equity partner at Jenner was $760,000 in 2006, according to The American Lawyer magazine. It ranked 77th among America's 100 top-grossing firms.

The magazine reported that Jenner had 185 equity partners at the time. The firm now has 163, Valukas said. A couple of years ago, the firm created a second tier of partnership, known as non-equity, a common practice in the profession. The firm has 56 non-equity partners.

Valukas declined to comment on whether the partner totals reflect the most recent cutbacks.


Millions Awarded in Jackson Taping Suit
Headline News | 2008/03/05 15:42
The owner of a air charter service was ordered to pay attorney Mark Geragos and an associate several million dollars for ordering the secret videotaping of Michael Jackson and the lawyers as they flew with the pop star to his surrender on molestation charges in 2003.

According to court papers obtained Monday, Superior Court Judge Soussan G. Bruguera ordered XtraJet owner Jeffrey Borer and his company to pay Geragos at least $10 million and possibly up to $18 million in compensatory and punitive damages. Geragos' colleague Pat Harris was awarded between $1.25 million and $2.25 million in damages.

The amount of damages is dependent on whether both the company and Borer are separately responsible for punitive damages, or just Borer. Geragos' legal team claims the former, while Borer's claims the latter.

A court spokeswoman was not immediately able to clarify the discrepancy.

"Defendant Borer was the mastermind behind a scheme to desecrate and exploit sacred attorney-client communications for personal profit," Brugera wrote in the 21-page judgment filed Friday.

Geragos' and Harris' attorney Brian J. Kabateck said he was pleased with the decision.

"This is an important day for lawyers who generally represent celebrities and high profile people," he said.

Borer's lawyer, Lloyd Kirschbaum, said his client will appeal. He contended the attorney-client relationship could not have been breached because the video recording did not have sound.

"There was not any sound," he said. "You can't intercept a communication without sound."

Borer and co-defendant Arvel Jett Reeves pleaded guilty last year to felony counts of conspiracy. They acknowledged they installed two digital video recorders in a Gulfstream jet that flew Jackson from Las Vegas to Santa Barbara. XtraJet, which was based in Santa Monica, California, has since gone bankrupt, according to Kirschbaum.

Reeves was sentenced to eight months in prison.

Borer was sentenced to six months home detention rather than prison because he said he was the caregiver for his wife, who had chronic health problems. He spent part of that confinement at the Ritz-Carlton hotel in Marina del Rey, California, saying his house had a mold problem and his wife was allergic.

The damages resulted from an invasion-of-privacy lawsuit filed by Geragos and Harris. Jackson, who was initially a plaintiff in the civil lawsuit, later dropped out of the case.

The pop singer was acquitted of the molestation charges in 2005.



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