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Eckert Seamans Law Firm Wins Award
Headline News | 2007/09/25 11:15
The law firm of Eckert Seamans Cherin and Mellott LLC has won the Allegheny County Bar Association's 2006 Law Firm Pro Bono Award.

The award will be formally announced next month. It recognizes firms that provide free, or pro bono, legal services to the community.

Eckert Seamans is being honored for administering the county's Custody Conciliation Project, which provides free attorneys to disadvantaged people involved in custody disputes and works to help them reach custody agreements without litigation.



Dissolving Phila. law firm's lawyers find new home
Headline News | 2007/09/24 14:42

Seven lawyers from the dissolving Philadelphia law firm McKissock & Hoffman will become the Philadelphia office of Pittsburgh-based Burns White & Hickton, the firm said Monday. Partner William J. Mundy will lead a group that includes six associates and four support staff that handles defense litigation for long-term health-care providers. They will join effective Oct. 1, when 40-lawyer defense litigation boutique McKissock & Hoffman officially dissolves.

Most McKissock lawyers are expected to follow name partner Peter Hoffman to Eckert Seamans Cherin & Mellott while two other partners, Reed Haywood and John McGrath, will be joining Dickie McCamey & Chilcote. Like Burns White, both of those firms are based in Pittsburgh. Name partner Bruce McKissock has yet to decide where he will practice after being conflicted out of joining Eckert Seamans.

When the new group arrives, Burns White, Pittsburgh's 10th-largest law firm, will have 81 lawyers spread over Philadelphia; Pittsburgh; Plymouth Meeting, Pa.,; Princeton, N.J., and Wheeling, W. Va. The firm focuses on litigation, business law and transportation law.

The Mundy group will continue to work from offices formerly occupied by McKissock & Hoffman located at 1818 Market St., 13th floor, in Center City at least through the end of next month, Mundy said.



Court upholds ruling in O'Brien firing
Headline News | 2007/09/21 13:33

A state appeals court has upheld a $2.5 million judgment awarded to former Ohio State University basketball coach Jim O'Brien over his 2004 firing. The Tenth District Court of Appeals ruled in an opinion issued Thursday that the Ohio Court of Claims rightfully decided in favor of O'Brien. The former coach had argued his concealment from the school of a personal loan he gave to a recruit in late 1998 did not warrant his dismissal. After the ruling, both parties appealed, OSU claiming the court erred in finding the former coach didn't materially breach his contract. The university added that additional instances of misconduct released by the NCAA in early 2006 should have barred O'Brien's claim altogether.

O'Brien also appealed the original ruling, claiming the court didn't properly calculate the amount of damages due and that OSU shouldn't have been able to reduce the sum because of bonus amounts they previously paid.

O'Brien was fired after he told former OSU Athletics Director Andy Geiger that he made the loan to the family of Aleksandar Radojevic, a prospect from Serbia. Radojevic never played for the Buckeyes, but O'Brien said he made the loan because his family was in financial straits following the death of Radojevic's father. Geiger reported the transaction to the NCAA in May 2004 and O'Brien was terminated in June, according to court documents.

The ruling that awarded O'Brien the judgment found that OSU's termination wasn't for a "material breach," defined as an act that defeats the entire purpose of the contract. The appeals court found that "NCAA compliance was but one of O'Brien's many duties."

The court added in its ruling that the stipulation in O'Brien's contract, approving termination for a material breach or NCAA violation, didn't allow OSU to determine a violation occured before the NCAA handed it down. The termination created "a 'bootstrapping effect' by allowing OSU to substitute its own judgment for that of the NCAA," the opinion stated.

The NCAA didn't issue an official ruling regarding O'Brien's violations until early 2006, and "even if it would have been proper to terminate him at that time, much of the liquidated damages awarded to O'Brien in the judgment of the trial court would have been earned as salary," the court said.

OSU is expected to issue a statement Thursday afternoon.



Spector Judge to Withdraw Instruction
Headline News | 2007/09/20 15:12
The deadlocked jury in the Phil Spector murder trial was asked to resume its deliberations after the judge yesterday said he would withdraw a legal instruction that jurors said was a stumbling block in reaching a verdict. The decision to drop the instruction came yesterday afternoon. Superior Court Judge Larry Paul Fidler had earlier decided not to allow the jurors to consider a lesser charge.

"There's some good news," Fidler told the jurors before letting them go for the day. "We will give you new instructions that may be a benefit to you." Jurors will return this morning.

On Tuesday, the jury of nine men and three women said it was split 7-5 on whether famed record producer Spector, 67, shot actress Lana Clarkson, 40, on Feb. 3, 2003. The jury was not allowed to say whether the majority supported guilt or acquittal.

When Fidler polled the jurors yesterday morning, they indicated they had questions about Special Instruction 3. They also said they had discussions about how to determine reasonable doubt.

Special Instruction 3 lays out the prosecution theory of the encounter between Spector and Clarkson on Feb. 3.

"It is the prosecution's contention that the act committed by the defendant that caused the death of Ms. Clarkson was to point a gun at her, which resulted in that gun entering Ms. Clarkson's mouth while in Mr. Spector's hand," Fidler told the jurors Sept. 10 before sending them off to deliberate.

"The prosecution bears the burden of proving that defendant Spector committed that act. If you do not find that the prosecution has proved beyond a reasonable doubt that the defendant committed the act, you must return a verdict of not guilty," Fidler said.

The problem with the instruction, Fidler said yesterday, was that the last sentence misstated the law. "I can see why the jury is confused," he said.

The judge said he would give both sides a chance to reargue before the jury resumes deliberations.



Lawyer in Plea Deal Was Edwards Bundler
Headline News | 2007/09/20 02:21

Though his former law firm came under indictment more than a year ago and he himself appeared likely to face criminal charges, prominent trial lawyer William S. Lerach slipped past the vetting of John Edwards' presidential campaign and was permitted to raise large amounts of money for the Democrat's 2008 bid. Lerach, his family and members of his new law Lerach Coughlin law firm accounted for nearly $78,000 in donations to Edwards' campaign in the first half of this year, making the trial lawyer one of the North Carolina Democrat's leading "bundlers" of contributions.

In the midst of that fundraising, Lerach negotiated behind the scenes for a plea deal that was consummated on Tuesday and will send him to federal prison for at least 12 months on a conspiracy charge involving his past legal work as partner in the Milberg Weiss law firm.

Through it all, Edwards stood by his fellow trial lawyer and even took an action this spring that was helpful to his longtime financial supporter in a government matter.

In May, Edwards used the bully pulpit of his presidential campaign to publicly pressure the Securities and Exchange Commission not to oppose Lerach's new law firm in a Supreme Court case over whether Lerach's lawsuits could proceed against banks on behalf of investors who lost millions in the collapse of energy giant Enron.

"The question for all Americans is whether their government will be on the side of those big banks or regular families," Edwards said in a statement released by his presidential campaign that was trumpeted on the Web site of Lerach's law firm.

All of this transpired while Edwards campaigned against what he calls a "corroded and corrupt" Washington system in which politicians raise money from special interests who then seek their help on government matters. To make his point, Edwards campaign is refusing any donations from lobbyists registered in Washington.

The latest salvo on that theme came Tuesday -- the day of Lerach's plea deal -- when top Edwards' aide Joe Trippi publicly criticized rival Hillary Clinton's campaign for hosting a fundraiser targeting companies and lobbyists seeking the government's multibillion dollar business.

"Too many in office have fallen under the spell of campaign money at any cost -- and do not see that when they defend the system, they are protecting those that have rigged the game that puts corporate profits ahead of the interests of working Americans," Trippi wrote.

Trippi's attack made no mention of Lerach, the Edwards' bundler, or the fact that Lerach had just reached a plea deal in a scheme prosecutors alleged involved kickback payments to plaintiffs in class action lawsuits he and his former law firm brought.

Lerach and his former law partner Melvyn I. Weiss were notified in the summer of 2005 that they had become targets in that lengthy criminal investigation, meaning they were likely to be indicted, according to lawyers involved in the case.

Court papers say that they employed the scheme for more than two decades in 150 cases that brought their firm more than $200 million in fees.

Milberg Weiss, the New York based law firm where Lerach served as a partner until a bitter parting in 2004, was indicted on conspiracy, mail fraud and money laundering charges in May 2006. Lerach and Weiss were not charged at that time but they were notified by federal prosecutors in Los Angeles that they continued to be the targets of their investigation. The firm is fighting the charges. Weiss himself has not been charged with a crime and maintains his innocence.

Political donations by Lerach and his partners, as well as a former expert witness named John Torkelson, came under investigators' scrutiny but the government has not filed criminal charges alleging they broke election laws.
In Lerach's Tuesday agreement to plead guilty to a conspiracy charge, Justice Department lawyers agreed not to prosecute him over "election, campaign, or other political contributions" related to the fees he and the firm collected as part of the alleged kickback scheme with plaintiffs and expert witnesses including Torkelson.

Edwards campaign said it donated Lerach's personal donations to charity yesterday after his guilty plea, but isn't returning the money he raised from others.

As for the statement Edwards issued favorable to Lerach's lawsuits earlier this year, Edwards spokesoman Colleen Murray said: "This position is consistent with John Edwards' longstanding support for protecting the retirement savings of middle class families and shared by many others, including the New York Times editorial page, Securities and Exchange Commission, Senate Banking Committee Chair Chris Dodd, and a coalition of consumer groups, to name a few."

Lerach is the latest bundler in the 2008 race whose background has raised questions about how carefully campaigns are vetting those who collect their checks.

Hillary Clinton's campaign earlier this month agreed to give back all $850,000 raised by bundler Norman Hsu after it was learned he had been a fugitive in a 15-year-old criminal case in California.

And Edwards already has faced question about another trial lawyer who raised money from him. Attorney Geoffrey Feiger was indicted on federal charges he conspired to route more than $125,000 in illegal contributions to Edwards' 2004 White House bid .Feiger, a trial lawyer who became famous for representing Dr. Jack Kevorkian during his assisted suicide controversy, has pleaded not guilty. Edwards' campaign said it knew nothing about the alleged scheme and cooperated with the Justice Department. But the campaign has declined to refund the donations in question, choosing instead to wait for the outcome of Feiger's trial to avoid influencing jurors.

"From Day One, the campaign has taken their lead from and cooperated fully with the Department of Justice," spokesman Eric Schultz told The Washington Post in an email earlier this month. "Once this prosecution concludes, if Geoffrey Feiger is found guilty, the campaign will donate all the money is question to charity."



Lerach admits role in kickback scheme
Headline News | 2007/09/19 14:13
William Lerach, the lead attorney in a New York-based law firm that lodged a $1 billion class-action against the CNMI industry, has pleaded guilty to a criminal indictment filed in Los Angeles, California. According to a Washington Post report, the 61-year-old Lerach agreed to plead guilty to a charge of conspiracy to obstruct justice.

Lerach also agreed to pay the U.S. government fines and penalties of $8 million.

The report stated that under the terms of the plea, the lawyer will serve at least one year and no more than two years in federal prison. The plea agreement requires court approval, the report added.

The guilty plea deal ends a seven-year investigation into allegations that Lerach and his former law firm, Milberg Weiss Bershad & Schulman LLP, secretly paid people to serve as plaintiffs.

“I have always fought for my clients aggressively and vigorously in order to hold powerful corporations responsible when their actions harmed people,” said Lerach in a statement that was included in the Washington Post article.

Lerach said he regrettably crossed a line and pushed too far.

“For my actions, I apologize and accept full responsibility for my conduct,” he said.

According to a May 16, 2006 Wall Street Journal article, a New Jersey businessman pleaded guilty of taking secret payments as a plaintiff in Milberg class-action lawsuits between 1991 and 2005.

The businessman's guilty plea reportedly caused two top partners of Milberg to leave the law firm.

Milberg is known for filing shareholder class-action lawsuits in which investors go against corporate management with big money at stake.

In 2005, Milberg reportedly sued at least 75 companies for securities fraud. In 2004 and 2005, the law firm reportedly settled 90 cases and extracted more than $1.5 billion from investors.

In January 1999, Milberg and other law firms, on behalf of some garment workers, sued several garment factories on Saipan, alleging that workers were made to work in sweatshop conditions.

The garment owners branded the lawsuit as “embellished and unreal.”

After a costly litigations, the class-suit was settled in the U.S. District Court for the NMI. The combined settlement fund reportedly reaches close to $20 million. A total of $8.75 million went to plaintiffs' lawyers.


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