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Appellate court upholds Indiana voter ID law
Court Watch | 2007/01/04 16:48

The US Court of Appeals for the Seventh Circuit on Thursday upheld an Indiana law requiring voters to show photo identification before casting a ballot. In its ruling, the court upheld a lower court decision that the law does not put an undue burden on the right to vote and therefore does not violate the US Constitution. The Indiana Democratic Party and the American Civil Liberties Union of Indiana had appealed the district court's decision, but during oral arguments Judge Richard Posner, who wrote the appeals court ruling, was skeptical of the plaintiffs' contention that the law would prevent voters from casting ballots.

The US Supreme Court issued a per curiam opinion last October ruling that Arizona could enforce its voter ID law, which requires voters to show government-issued ID cards at the polls. Similar voter ID laws have been upheld in Georgia and Pennsylvania, though the Missouri Supreme Court struck down a law last year requiring voters to show ID cards at the polls. A lawsuit over Ohio's voter ID legislation ended just before last November's mid-term election in a settlement requiring future Ohio absentee voters to show proof of ID when applying for absentee ballots, but allowing absentee ballots already obtained without ID to be counted.



Many Happy Returns: Tax Filing Season Begins
Tax | 2007/01/04 15:21

The Internal Revenue Service began its 2007 filing system with instructions on how to apply for newly enacted tax breaks and recommendations that more taxpayers give up paper and file electronically.

The agency said that it will send out 17 million tax packages this week to taxpayers who previously filed paper returns. The IRS expects to process about 136 million individual tax returns for 2006, with more than half filed electronically.

It pointed out that one major change this year will be the telephone excise tax refund. The government stopped collecting the federal excise tax on long-distance service last August and plans to provide refunds for these taxes billed after Feb. 28, 2003, and before Aug. 1, 2006.

The agency said taxpayers can avoid collecting 41 months of old phone bills by choosing standard amounts. Under standard amounts a person filing a return with one exemption can claim $30, with the amount rising to $40 for those with two exemptions, $50 for three exemptions and $60 for four or more exemptions.

Those desiring a refund based on actual amount of taxes paid should use Form 8913.

The agency also advised taxpayers on how to take advantage of tax breaks renewed by Congress in December, after the IRS had printed its forms for the 2007 filing season. The most significant of the breaks allow taxpayers to deduct state and local sales taxes instead of state income taxes and provide deductions for higher education tuition and fees and for personal expenses incurred by schoolteachers.

The IRS will mail Publication 600 to 6 million taxpayers who receive the Form 1040 package this month with instructions on claiming the sales tax deduction. The agency also advised that it will not be able to process tax returns claiming the belatedly renewed tax breaks until early February. It said that last year about 930,000 tax returns claiming the three tax breaks were filed by Feb. 1.

"As we always do, we encourage taxpayers who think they may claim these deductions to file electronically," said IRS Commissioner Mark W. Everson. "They will get their refunds faster through e-file. Even more importantly, e-file will greatly reduce the chances for making an error compared to claiming the deductions on the paper 1040."

Another change this year is that taxpayers can split refunds among up to three accounts held by U.S. financial institutions such as banks, mutual funds, brokerage firms or credit unions.

The tax agency also urged taxpayers who earn $52,000 or less to make use of Free File, a free electronic program that is a partnership between the IRS and private tax service providers. It noted that this year private sector partners have agreed to remove from their programs side offerings such Refund Anticipation Loans that offer taxpayers immediate payment of expected refunds but sometimes come with high interest rates and fees.

It noted that taxpayers, after filing returns, can track their refund through the online tool "Where's my refund?" on the IRS web site, www.irs.gov. "With all the changes taking place, this is a good year for paper filers to try e-file," Everson said. "We remind taxpayers that e-filing is fast, secure and reliable."



Brazilian Court Orders Closure of YouTube
Court Watch | 2007/01/04 13:20

According to wire reports, a Brazilian court has ordered YouTube to cease operations until it removes a celebrity sex video involving model Daniela Cicarelli, the ex-wife of soccer star Ronaldo.

Cicarelli filed suit against the Google-owned content site over the video, in which she is said to be seen having sex with her boyfriend, Tato Malzoni, on the beach. According to reports, it quickly became the most viewed video in Brazil. Cicarelli ordered the site to remove the video and demanded $116,000 in damages for each day the video remains on the site. While YouTube did remove the clip, the site’s users have since reposted it.



Iraqi guards questioned over Saddam hanging video
International | 2007/01/04 11:09

Two Iraqi Justice Ministry guards are now being questioned in connection with the taping and release of a camera phone video showing the execution of Saddam Hussein, according to Iraqi lawmaker Sami al-Askeri. Iraqi officials said Wednesday that an official who supervised the execution was also arrested in connection to making the video, but further details are not yet available. The government of Iraqi Prime Minister Nouri al-Maliki launched an investigation earlier this week into who made the video and how it was distributed.

The video, apparently shot with a cell phone camera by a witness to the hanging, shows witnesses taunting Hussein before he was hanged and depicts Hussein's body dropping through the trap door of the gallows. A separate, authorized video released by Iraqi state television did not include any audio recording and did not show Hussein's actual death. AP has more.

Iraqi officials have been criticized for their handling of Hussein's execution, with a US military spokesman saying Wednesday that the US would have handled the hanging differently, but an adviser to al-Maliki insisted Wednesday that the execution had been done appropriately. Sadiq al-Rikabi said in a statement reported by the New York Times that Iraq's conduct of the execution "has been mischaracterized for political purposes." Al-Maliki's office, meanwhile, has also confirmed that the US embassy in Baghdad pressed for a delay of the execution over unresolved legal issues, but legal adviser Maryam al-Rayas called the decision to push forward with the hanging "a victory for the Iraqi government."



Law Firm Merger - Reed Smith and Richards Butler
Law Firm News | 2007/01/04 00:03
For Reed Smith and Richards Butler, there were no surprises this holiday season as the well-planned merger of the two firms proceeded according to plan, culminating in a New Year's Day launch of combined operations in the U.S., the UK, Europe and the Middle East. The union creates one of the 15 largest law firms in the world, with more than 1,300 lawyers across three continents.

"Today is truly an historic occasion as we mark the combination of two successful firms," said Gregory B. Jordan, Reed Smith's firmwide managing partner. "We are now exceptionally well-positioned to meet our clients' needs around the globe with an expanded presence in London and Paris, and new capabilities in the Middle East added to our already strong and still growing U.S. operations."

Roger Parker, former managing partner of Richards Butler, noted that the combination's progress from announcement to completion was a smooth one.

"It is evident that the time, energy and resource we have devoted to planning for this day have resulted in a smooth transition across the board," he said. "Everything we hoped to achieve with this launch is developing as expected. Our focus now is on ensuring every current client and all potential clients are aware of the tremendous array of services, people and supports we are now able to provide in 20 locations around the world."

Accompanying the celebration of the merger are former Richards Butler personnel announcements that reflect the significant integration of leadership and management roles the combined firms have already achieved.

Mr. Parker will serve as managing partner for Europe and the Middle East, and will join the firm's senior management team. Paul F. Johnston and Richard Swinburn, formerly of Richards Butler, will join Reed Smith's Ian B. Fagelson in representing the firm's European offices on the Executive Committee. Scott Pearman becomes a deputy department head in the firm's Business & Regulatory Department, and Charles Hewetson becomes a deputy department head in the Litigation Department.

Kyri Evagora in Energy, Trade & Commodities; Nick J. Shaw in Shipping; Stephen Edwards in Advertising, Media & Technology; and Belinda Paisley in European Litigation become firmwide practice group leaders.

New office managing partners in markets outside the U.S. include Vincent R. Gordon in Abu Dhabi, Sean L. Angle in Dubai, and John L. Reece in Piraeus.

Reed Smith personnel who continue as office and market managing partners include Chris A. Hill in Birmingham, England; Tim G. Foster in London; Benoit Charot in Paris; and Stefan Kugler in Munich.

Plans are currently underway for strengthening the relationship between the firm's two offices in London, which includes the Reed Smith office in Minerva House and the Richards Butler office in Beaufort House, both of which will operate in London as Reed Smith Richards Butler. Pending the final decision on future space for the firm, personnel from both offices will change locations to create a mix in each.

The merger transition and integration was led by Michael Pollack, Reed Smith's Director of Strategic Planning and a member of the senior management team who has relocated to London, and Mr. Parker. With the Richards Butler merger complete, the firm turns its attention to achieving the same seamless combination with Chicago-based Sachnoff & Weaver, already approved by the partners of both firms and scheduled to go into effect March 1.


The American Lawyer - The Young Litigators Fab Fifty
Attorneys in the News | 2007/01/03 23:57



The "American Lawyer" list of rising litigators in the US contains a concentration of appellate, intellectual property, public interest, and products liability lawyers.

Others have made a mark as criminal defenders or labor lawyers or securities specialists. All of them have worked relentlessly to get where they are. The list carries the biographies of 50 litigators the magazine expect to see leading the field for years to come.

Click here for the full story.



Ex-Enron Executive Causey Reports To Jail
Breaking Legal News | 2007/01/03 23:46

Richard Causey, former Enron chief accounting officer, has reported to the Bastrop Federal Correction Institution, a low-security facility in Texas, to begin serving his prison sentence for his role in the Enron accounting scandal. Causey was sentenced to 66 months last November after accepting a plea deal and was required to turn himself in to begin serving his sentence by Tuesday. In addition to the prison sentence, he will forfeit $1.25 million to the US government and a claim to deferred compensation, which amounts to almost $250,000.

Causey's plea deal came just days before the scheduled trial of fellow ex-Enron executives Kenneth Lay and Jeffrey Skilling, who were both later convicted of conspiracy and fraud. Lay's conviction was vacated after he died before sentencing and Skilling began serving his 24-year sentence last month. Former Enron CFO Andrew Fastow was sentenced to six years in prison in September 2006 for his role in the accounting fraud.



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