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Romania: Court tells president to fire anti-graft prosecutor
Lawyer News | 2018/06/03 02:26
Romania's top court on Wednesday told the country's president to fire the chief anti-corruption prosecutor, widely praised for her efforts to root out high-level graft, but a thorn in the side of some politicians.

The move angered some Romanians. More than 1,500 people gathered in protest in Bucharest, the capital, and hundreds rallied in the western cities of Timisoara and Sibiu calling the court "a slave" of the ruling Social Democratic Party.

The constitutional court ruled in a 6-3 vote that there had been an institutional conflict after President Klaus Iohannis disagreed with the justice minister's assessment that National Anti-Corruption Directorate Chief Prosecutor Laura Codruta Kovesi should be dismissed on grounds of failing to do her job properly.

In his February report calling for her dismissal, the minister, Tudorel Toader, said she was authoritarian, claimed that prosecutors falsified evidence and asserted that the number of acquittals was too high. He also said she had harmed Romania's image in interviews with foreign journalists. Kovesi later refuted his accusations.

Under her leadership, the agency has successfully prosecuted lawmakers, ministers and other top officials for bribery, fraud, abuse of power and other corruption-related offenses.

Kovesi's departure would be a blow to the agency, respected by ordinary Romanians, the European Union and the U.S. The court will explain its ruling later.


Cosby defense team lobs attacks in court of public opinion
Lawyer News | 2018/04/19 00:29
Jurors weren't allowed to hear testimony that Bill Cosby's chief accuser was once hooked on hallucinogenic mushrooms or had her sights set on becoming a millionaire, but that hasn't stopped the defense from airing the explosive claims about Andrea Constand in the court of public opinion.

With Cosby's sexual assault retrial heading for deliberations this week, the 80-year-old comedian's lawyers and publicists are increasingly playing to an audience of millions, not just the 12 people deciding his fate.

They're hitting at Constand's credibility in the media with attacks that Judge Steven O'Neill is deeming too prejudicial or irrelevant for court, and they're holding daily press briefings portraying Cosby as the victim of an overzealous prosecutor and an unjust legal system.

Cosby spokesman Andrew Wyatt has decried Constand's allegations of drugging and molestation as "fantastical stories" and deemed District Attorney Kevin Steele an "extortionist" for spending taxpayer money on the case.

Lawyer Dennis McAndrews, who's been in court following the retrial, said prominent defendants like Cosby almost always play to the court of public opinion when there's no gag order, but that his team's approach hasn't been "particularly effective or convincing."

"It is so strident, and it is so hyperbolic, I think most people will turn it off," said McAndrews, who prosecuted chemical heir John E. du Pont for murder in 1997 and is not associated with either side in the Cosby case.

O'Neill is expected to rule Monday on what could be the Cosby team's last line of attack in the courtroom: whether jurors can hear deposition testimony that Cosby's lawyers say could have insights into what led Constand to accuse him.

Constand's confidante, Sheri Williams, gave the testimony as part of Constand's 2005 lawsuit against Cosby, which he wound up settling for nearly $3.4 million. Cosby's lawyers said that testimony is vital because Williams is not responding to subpoena attempts.


Randle, an enforcer on the court, is a gentle giant elsewhere
Lawyer News | 2018/03/15 04:42
Nick Young and Jordan Clarkson were not scheduled to speak at Julius Randle’s wedding. It was an elegant affair, bathed in white roses to celebrate a love that began almost instantly when Randle met Kendra Shaw at a friend’s party in college.

The friend who introduced them spoke at the reception. A coach who grew to be like a brother to Randle spoke. So did some childhood friends.

Then Young and Clarkson, lubricated by wedding wine and the firm belief that the wedding guests expected their shenanigans, got an idea. They loved Randle. The people needed to hear them, they presumed. Together, they took the microphone.

Clarkson, then Randle’s teammate with the Lakers, declared he couldn’t stand Randle when they first met. Randle’s punishing style of play in high school irked Clarkson’s friends who played against him back in Texas. Just as Randle’s mother reared up to protect her sweet baby boy, Clarkson finished, saying as he got to know Randle as part of the same Lakers rookie class in 2014, he learned Randle would do anything for his friends and loved ones.



Organized labor case goes in front of Supreme Court
Lawyer News | 2018/03/04 12:03
The Supreme Court is hearing arguments in a case that could deal a painful financial blow to organized labor.

All eyes will be on Justice Neil Gorsuch Monday when the court takes up a challenge to an Illinois law that allows unions representing government employees to collect fees from workers who choose not to join. The unions say the outcome could affect more than 5 million government workers in 24 states and the District of Columbia.

The court split 4-4 the last time it considered the issue in 2016. Gorsuch joined the court in April and has yet to weigh in on union fees. Organized labor is a big supporter of Democratic candidates and interests. Unions strongly opposed Gorsuch's nomination by President Donald Trump.

Illinois government employee Mark Janus says he has a constitutional right not to contribute anything to a union with which he disagrees. Janus and the conservative interests that back him contend that everything unions representing public employees do is political, including contract negotiations.

The Trump administration is supporting Janus in his effort to persuade the court to overturn its 1977 ruling allowing states to require fair share fees for government employees.

The unions argue that so-called fair share fees pay for collective bargaining and other work the union does on behalf of all employees, not just its members. People can't be compelled to contribute to unions' political activities.


Brazil court largely upholds law that some fear hurts Amazon
Lawyer News | 2018/03/04 12:02
Brazil's Supreme Court has batted down challenges to key parts of a law that environmentalists say has contributed to increasing deforestation in the Amazon rainforest.

The 2012 law included an amnesty for illegal deforestation that occurred before July 2008, including releasing perpetrators from the obligation to replant areas in compensation. It also weakened protections for some preservation areas by expanding the sorts of activity allowed in them. It was backed by farming interests.

Wednesday's court ruling rejected most of the challenges to the law.

Brazil's non-governmental Socio-environmental Institute says researchers believe the law contributed to rising rates of Amazon deforestation starting in 2012 after years of decreases. However, the rate fell in 2017 as compared to 2016, which saw an exceptionally large swath of forest cut.



Court: Nike logo of Michael Jordan didn't violate copyright
Lawyer News | 2018/03/03 12:02
A U.S. appeals court says an iconic Nike logo of a leaping Michael Jordan didn't violate the copyright of an earlier photograph of the basketball star.

The 9th U.S. Circuit Court of Appeals said Tuesday that the logo was based on a photograph of Jordan by Nike that was inspired by a 1984 photo by Jacobus Rentmeester.

They both show Jordan leaping with his legs extended outward toward a basketball hoop with a ball above his head. But the court says the photos are unmistakably different in key elements.

Nike used its photo for the "Jumpman" logo — a silhouetted image of Jordan in the pose that the company has used to market billions of dollars of merchandise.

An email to a law firm representing Rentmeester wasn't immediately returned.


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