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Gay Marriage Gains Notice in State Court
Breaking Legal News |
2008/03/06 05:33
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On the way home from work in Rochester, Patricia Martinez stopped at a liquor store and bought a small bottle of Champagne to celebrate her marriage to another woman. The wedding took place in Canada nearly four years ago, but it wasn’t until Feb. 1 that a New York appellate court declared it valid in the state. Last week in Manhattan, a State Supreme Court justice, ruling in a divorce proceeding, recognized the Canadian marriage of two New York City women, known publicly as Beth R. and Donna M. - or Mom and Mommy to the two young children they had been raising together. Less than two years after New York’s highest court refused to legalize gay marriage, leaving it up to a divided Legislature, courts in Rochester and Manhattan, as well as state and local officials, have begun to carry out what some say is the de facto legalization of gay marriage - and gay divorce - in New York for the price of, say, a ticket to Toronto. Advocates for same-sex marriage say the two court decisions last month granting reciprocity in New York to gay marriages in other jurisdictions simply underline what most people would consider common sense. |
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Jenner & Block law firm cuts several partners
Legal Business |
2008/03/06 04:41
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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. |
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Man Pleads Guilty in Missing Girl Case
Court Watch |
2008/03/06 04:36
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A man has pleaded guilty to charges of kidnapping and sexually assaulting a Connecticut girl found at his home after a yearlong disappearance. Prosecutors are recommending a 30-year prison sentence for 42-year-old Adam Gault of West Hartford. Judge David Gold indicated Wednesday that he will order at least 20 years in prison. Gault pleaded guilty to eight charges, including second-degree sexual assault and kidnapping. Authorities say the girl was 14 when she ran away from home to live with Gault in 2006. Police, who feared she was dead, found her hiding in a small storage area during a search of Gault's home last June. Gault's wife and another woman living with him were also arrested. |
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Ex-Tennessee Sheriff Pleads Not Guilty
Criminal Law |
2008/03/06 03:37
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A former county sheriff pleaded not guilty Wednesday to federal extortion, drug and weapons charges that stem from an FBI undercover investigation. Court records show that between April and mid-December, Billy Long, 55, accepted $17,400 in what he was told were payments from convenience store owners "to protect their video poker business and other illegal activity," such as products used to make methamphetamine. Long was arrested Feb. 2. He has since resigned as Hamilton County sheriff and remains in custody at the Bradley County Detention Center. He appeared at a hearing at which U.S. Magistrate Bill Carter set a May 13 trial. In addition to possession with intent to distribute cocaine, Long is charged with extortion, money laundering, providing a gun to a felon and possessing a firearm in furtherance of drug trafficking. A conviction on all charges would carry a minimum prison sentence of 10 years and a maximum sentence of life. Long's attorney, Jerry Summers of Chattanooga, told the judge he intends to seek bond. Summers earlier opted to not seek a detention hearing but said Wednesday it is not practical to prepare for trial with Long in custody 30 miles away. Assistant U.S. Attorney Gary Humble at a previous hearing described the sheriff as a danger to the community. The affidavit said Long also accepted $6,550 in cash as "his payoff to the undercover to a cooperating witness supposedly laundering $625,000 in drug trafficking proceeds." Long was told the drug money was being sent to a funeral home in Mexico hidden in cremation urns. The affidavit said the sheriff in December gave the undercover informant a loaded revolver, knowing the recipient of the gun was a convicted felon and telling him never to say where he got it and to get rid of it if he shot anyone. An FBI agent's affidavit shows Long first told agents he was doing his own investigation, although no one else at the Hamilton County Sheriff's Department knew about it. Chief Deputy Allen Branum is running the department until voters in August elect a successor to finish Long's term. Summers said Wednesday there is no evidence that anyone else in the department was involved in the case. |
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'Elvis' Shows Up at Kentucky Court Drunk
Court Watch |
2008/03/06 03:35
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One central Kentucky Elvis Presley impersonator may be singing "Jailhouse Rock" after showing up for court drunk and dressed like Presley. A Jessamine County District Court judge says 64-year-old David Blaisdell of Lexington must spend three days in jail for contempt of court. Blaisdell was wearing sunglasses and dressed in a rhinestone-studded shirt with a scarf draped around his neck when he was sentenced. County Attorney Brian Goettl said Blaisdell was in court for a pretrial conference on misdemeanor charges of stalking and violating a protective order. Goettl says the judge had Blaisdell tested for intoxication. The result was nearly twice the .08 level at which a person is considered legally drunk in Kentucky. Goettl says Blaisdell told the judge he had had a few drinks the night before his court appearance Tuesday. |
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Pacific Law Center gains new partner
Legal Marketing |
2008/03/06 01:42
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Longtime San Diego criminal defense lawyer Kerry Steigerwalt has taken a majority ownership in Pacific Law Center, which has been the target recently of client complaints.
Steigerwalt will become managing partner of the 30-lawyer firm based in University City. It has been renamed Kerry Steigerwalt's Pacific Law Center. Steigerwalt, a defense lawyer on several high-profile local cases, will have a 51 percent stake in the firm. Robert Arentz, former managing partner, will retain a 49 percent stake. Six lawyers have been let go as a result of the merger of Steigerwalt's firm into Pacific Law Center, which Steigerwalt said should help the law firm erase some of its past problems. The Better Business Bureau has fielded at least 38 complaints against Pacific Law Center – one of the most prolific legal advertisers in San Diego – over the past three years. Lawsuits filed by former Pacific Law Center attorneys allege the firm gave lawyers too large a caseload for them to provide the type of service that the firm advertises. They also allege that the firm emphasized settling cases quickly. Steigerwalt said in an interview yesterday that many of the firm's problems are behind it. "I recognize that Pacific Law Center has had issues in the past," he said. "You will not see any more client service complaints." For Steigerwalt, the move allows him to tap Pacific Law Center's business model for growth. The law firm allows certain criminal defendants to pay legal fees over time instead of requiring large retainers upfront. It has a nationwide clientele. "It's very successful," Steigerwalt said. "They're providing the service to the common guy who can't come up with a big lump sum payment." In addition to criminal defense work, the firm provides bankruptcy and personal injury services. In addition to lawyers, the firm will employ 111 support staff. Arentz formerly was a partner with Jeffrey Phillips, a Phoenix attorney, in Pacific Law Center. Phillips is no longer a partner in the new practice, but Arentz remains a partner with Phillips in an Arizona law firm. Steigerwalt's mass tort – or class-action lawsuit – practice has been transferred to the Arizona firm in an asset swap as part of the transaction. In addition, Steigerwalt operates a 22-employee legal marketing company to promote his firm. That company has been merged into Steigerwalt's Pacific Law Center. "It will market our services locally and nationally, in the larger national markets through the Internet and TV commercials, and locally through TV, magazines and phone books," he said. |
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SEC proposes tougher "naked" short selling rules
Securities |
2008/03/05 08:53
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The U.S. Securities and Exchange Commission on Tuesday proposed tougher rules to curb so-called "naked" short-selling abuses and prevent market price manipulation. SEC Chairman Christopher Cox said regulation SHO, an existing rule partly aimed at short selling abuses, "needs teeth." Short sellers borrow shares they consider overvalued and sell them. If the price drops, they repurchase the shares, return them and pocket the difference. In a naked short sale, the investor sells stock that has not yet been borrowed. The three-member SEC voted unanimously to propose the rule, which targets sellers who intentionally deceive broker-dealers or purchasers about their ability to meet delivery deadlines. Sellers sometimes deliberately fail to deliver securities as part of a scheme to manipulate the stock price. The SEC is seeking public comment on its proposal. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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