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Austrian bank strikes back at Madoff NY trustee .
Lawyer Blog News | 2010/12/19 17:20
An Austrian bank accuses the trustee recovering money for victims of Bernard Madoff's fraud of going after the bank and its principal shareholder as part of an "international witch-hunt."

In a statement out of Vienna, 2020 Medici — formerly known as Bank Medici — blames court-appointed trustee Irving Picard for unfairly casting blame for Madoff's fraud on the bank and Sonja Kohn.

The bank said the claims "are completely unfounded and untrue."

Last Friday, Picard filed papers in federal bankruptcy court in Manhattan saying that Kohn was in essence Madoff's "criminal soul mate."



Alaska high court considers disputed Senate race
Lawyer Blog News | 2010/12/18 03:13
Legal wrangling over Alaska's contested U.S. Senate race reached the state Supreme Court Friday, with justices hearing Republican Joe Miller's appeal of a lower court ruling that amounted to a victory for rival Lisa Murkowski.

Miller is appealing a state judge's decision to toss out his challenge to the handling of the election and counting of write-in ballots for Murkowski, who waged a write-in campaign after losing the GOP primary to Miller.

The state Supreme Court did not immediately rule Friday.

Miller wants the results of the election invalidated, and a recount to ensure what he has called a fair and accurate tally.

He watched Friday as his attorney, Michael Morley, told the court the state should be held to a strict reading of a law that calls for ovals on ballots to be filled in, and for the last name of a candidate or the name as it appears on the declaration of candidacy to be written.

The state, relying on case law, allowed for ballots with misspellings to be counted toward Murkowski's tally and used discretion in determining voter intent.

Murkowski attorney Scott Kendall told the high court Miller is "denying reality" in continuing in his legal challenge. But justices, particularly Daniel Winfree, grilled Kendall about his belief the case is moot, noting that there hasn't been a recount or a re-evaluation of challenged ballots that might add to Miller's tally.



Federal court in Ohio says upholds e-mails privacy
Lawyer Blog News | 2010/12/15 21:09

An attorney sees a court's opinion upholding e-mail privacy as potentially groundbreaking and possibly helpful to his client, the founder of a company that sold male enhancement pills.

Lawyer Martin Weinberg said Wednesday that e-mail evidence should have been excluded from the government's case against Steven Warshak, who was convicted of fraud and other crimes related to his Ohio company. It sold products including Enzyte pills, known for their "Smiling Bob" commercials.

The 6th U.S. Circuit Court of Appeals in Cincinnati threw out Warshak's 25-year sentence Tuesday. The court also said Warshak's rights were violated when investigators obtained his e-mails without warrants, but it upheld his convictions.



Fla sued over sale of driver's license information
Lawyer Blog News | 2010/12/14 22:44

A federal judge has ruled that a class-action lawsuit can be filed against Florida over the sale of personal driver's license information to a private firm.

The lawsuit claims the state, specifically the Department of Highway Safety and Motor Vehicles, improperly sold about 30 million personal records between 2005 and 2009 to Shadowsoft Inc., an Irving, Texas-based Internet marketer.

Shadowsoft then sold the information to other firms that target consumers.

An attorney representing the drivers told the South Florida Sun-Sentinel that the sales violate a federal statute banning the disclosure of personal information from driver's licenses.

Howard Bushman says addresses, dates of birth and possibly Social Security numbers were released.

The judge in Tallahassee ruled earlier this month that affected drivers can become members of the suit.

Copyright 2010 High Plains Broadcasting LLC All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.



Court won't get involved in NY lawyer ad fight
Lawyer Blog News | 2010/12/13 17:53

The Supreme Court will not get involved in a New York dispute over whether officials can curb some law firm television commercials.

The high court refused to hear an appeal from New York officials who passed rules that would curb some television commercials from local law firms.

The 2nd U.S. Circuit Court of Appeals struck down much of the state's proposed regulations, which included bans on client testimonials or paid endorsements, and nicknames, mottos or trade names that suggest an ability to obtain results.

Personal injury firm Alexander & Catalano and advocacy group Public Citizen Inc. challenged the rules.

The firm wanted to be known as "The Heavy Hitters" but abandoned the motto for fear of running afoul of the new rules.



Indians question Colo. firm's motives in vote case
Lawyer Blog News | 2010/12/13 15:56

The Mountain States Legal Foundation has built a reputation as an influential behind-the-scenes player over the years on conservative legal causes.

It has waged battles against affirmative action and protections for endangered species while being bankrolled by some of the most powerful families in the West.

The group is now fighting a protracted legal battle with American Indians who believe the organization is trampling on their voting rights in a rural Wyoming county.

At issue is a local dispute over the election of county commissioners in Fremont County. Mountain States Legal Foundation has been representing the county pro bono for the last five years in a fight against American Indians who want greater representation on the commission.

That Mountain States has waded into such a local dispute further demonstrates the clout it seeks to wield in Western legal disputes, in this case arguing first that the Voting Rights Act of 1965 didn't apply to Indians in Fremont CountyFailing at that, it's now arguing on appeal that a federal judge can't order the county to create separate commission districts.



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