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Law firm installs mock courtroom, TV gear
Legal Business | 2008/02/11 08:20

It's a high-tech mock courtroom where jurors with hand-held "perception analyzers" can twist a dial to rate a lawyer's performance - the same kind of testing the television industry uses to evaluate new entertainment shows. Lawyers can show evidence to jurors via video projection equipment, and in a nearby room they can watch to see what jurors like and dislike by watching real-time results of the panel's reactions.

Built of cherry wood and designed from blueprints of courtrooms in the Matheson and West Jordan courthouses - the new $250,000 courtroom is not in any courthouse, but at the personal-injury law firm of Siegfried & Jensen.

"Jurors expect to see cases presented the way it is on television," said law partner Mitchell Jensen. "Instead of describing an accident, it is replayed for them."

At least one 3rd District Court judge is trying the technology. A LCD projector, screen and switchbox donated by LawMedia Center, which is building Siegfried & Jensen's system, were recently installed in Judge Paul Maughan's courtroom.

Maughan believes the equipment will allow for speedier and more efficient trials, while generating less paperwork, state courts spokeswoman Nancy Volmer said.

Prosecutors used the system earlier this month to display crime scene photos and other information during closing arguments in Floyd Eugene Maestas' capital murder trial.

"Nothing in Utah approaches this right now," said James McConkie, of Parker and McConkie, who recently partnered with Siegfried & Jensen. "It allows us to make a more powerful presentation in court."

"We can do a complete dry run of a trial," added law partner Ned Siegfried.

While jurors deliberate their verdict, attorneys can electronically eavesdrop to learn how they reached their decision. In an alcove at the rear of the mock courtroom, the firm has built what amounts to a small television production studio.

The equipment can be used to remotely depose a witness in another state, allow others to watch video depositions from elsewhere and to video-conference with other attorneys.

Lawyer Bradley Parker said the high-tech video depositions are more effective than paper depositions. The equipment can be used to incorporate video, photos, documents and diagrams into the deposition record.

"You can blow it up, highlight it and draw on it, just like they do during the Super Bowl," he said.

Another example: "If we catch a witness in a lie and sweat starts to form on his forehead, we can zoom in for a close-up," Parker said.

McConkie said the video equipment helped quickly settle the case of a woman who claimed her back was injured. The woman was being deposed when she was shown covert video of herself lifting a heavy set of barbells at a garage sale.

The television production equipment was also used in the case of a 5-year-old boy crippled at birth because of a lack of oxygen.

"We put together a settlement CD showing the baby walking and eating and running, sitting, putting on a shirt, and [the caregivers] settled before litigation began," McConkie said. "They could see what kind of client it was and how it would affect the jury," McConkie said.

Jensen said video helps humanize dead and injured clients. "It's hard to tell a story that's so personal without showing them," Jensen said. "It makes it personal. It's no longer a statement about an injury, it's a personal injury."



Yahoo Formally Rejects Microsoft Offer
Venture Business News | 2008/02/11 08:16
Yahoo Inc. spurned Microsoft Corp.'s $44.6 billion takeover bid as inadequate Monday, betting that it can elicit a higher offer from the world's largest software maker or find another way to deliver a comparable payoff to its shareholders.

The rebuff by the slumping Internet pioneer had been widely anticipated after word of Yahoo's intention was leaked during the weekend.

In its formal response, Yahoo said its board had concluded Microsoft's unsolicited offer "substantially undervalues" the Sunnyvale-based company.

Yahoo indicated it could be lured to the negotiating table if Microsoft ups the ante, without mentioning the price it has in mind.

"The board of directors is continually evaluating all of its strategic options in the context of the rapidly evolving industry environment and we remain committed to pursuing initiatives that maximize value for all stockholders," Yahoo said in a statement.

Investors appeared confident that Microsoft wants Yahoo badly enough to raise the stakes. Yahoo shares rose 25 cents to $29.45 in Monday's morning trading while Microsoft shares fell 48 cents to $28.08.

Yahoo's stock price had dropped by more than 40 percent in the three months leading to Microsoft's bid, valued at $31 per share when it was announced Feb. 1. The offer was 62 percent above Yahoo's market value at the time.

Many analysts believe Redmond, Wash.-based Microsoft will eventually raise its bid to $35 to $40 per share, sweetening the pot by $5 billion to $12 billion in an effort to negotiate an amicable sale.

Microsoft was prepared to pay at least $40 per share for Yahoo a year ago, according to a person familiar with the talks between the two companies a year ago. Yahoo wasn't interested then because it was confident in its own strategy, said the person, who didn't want to be identified because Microsoft's 2007 offer was never publicly disclosed.

But a higher bid now could hurt Microsoft's own stock price, which has been slipping amid concerns that a Yahoo takeover could be more trouble than its worth. Microsoft's market value has plunged by more than $40 billion, or 14 percent, since the bid was made public.

Microsoft representatives didn't immediately respond to requests for comment Monday morning.



U.S. to seek death penalty against 9/11 planner
Breaking Legal News | 2008/02/11 06:16
The Pentagon is planning to charge six detainees at Guantanamo Bay for the Sept. 11 terror attacks on America and seek the death penalty. Defense Department spokesman Bryan Whitman said an announcement of the charges could come Monday.

U.S. military prosecutors will file charges on Monday against the alleged mastermind of the Sept. 11 attacks and five other Guantanamo prisoners and will seek to execute them if they are convicted, officials involved in the process said.

The charges against former al Qaeda operations chief Khalid Sheikh Mohammed and five other captives will be announced in an 11 a.m. EST (1600 GMT) news conference at the Pentagon. They will be the first charges from the Guantanamo war court alleging direct involvement in the attacks and the first involving the death penalty.


Lawyer accused of way-too-firm handshake
Court Watch | 2008/02/11 05:28
A lawyer who allegedly shook a legal opponent's hand so fiercely she injured her shoulder is now facing physical assault charges in Florida.

An attorney for private lawyer Brewer Rentas said her client never intended to harm a federal prosecutor in Fort Lauderdale, Fla., when they shook hands last week, the South Florida Sun-Sentinel reported.

"It all stems from a handshake," attorney Gwendolyn Tuggle said. "In her mind she never intended to cause any harm to any federal official."

The 49-year-old Rentas had been in court Thursday as part of her husband's trial on cocaine distribution charges and the attorney reportedly made a point of shaking hands with Assistant U.S. Attorney Jennifer Keene after the court's ruling.

Rentas' arrest report states she then allegedly grabbed Keene's hand, knocking her off balance, and then roughly shook her arm up and down.

The Sun-Sentinel said Rentas is now facing a federal misdemeanor charge over the incident and will likely face an attorney conduct review, as well.


Microsoft-Yahoo: The Lawyer’s Edition!
Mergers & Acquisitions | 2008/02/11 04:26

There’s nothing the Law Blog enjoys more than a big news story told through the prism of the lawyers. (Is there a better way?) So nothing could’ve pleased us more than today’s curtain-raiser in the Legal Times on the behind-the-scenes wrangling of the antitrust and deal lawyers squaring off in Microsoft’s $44.6 billion bid for Yahoo. The latest, according to the WSJ: Yahoo has formally rejected Microsoft’s bid, saying it “substantially undervalues” Yahoo. But Yahoo is leaving the door open for further negotiations.

The Antitrust Argument, David vs. Goliath or Goliath vs. Goliath?

Charles “Rick” Rule may sound like the name of a WWF wrestler, but he’s actually Cadwalader’s D.C.-based chairman and Microsoft’s go-to antitrust counsel. Rule will likely need all his best moves as he fights a two-front antitrust battle.

First, he might have to convince the American Antitrust Institute, among others, that a Microsoft-Yahoo combination, despite its daunting size, is necessary in order to create a viable competitor to Google. Second, Rule will likley have to square off against Google lawyer-in-chief David Drummond, who’s trying to shoot down Microsoft’s economies-of-scale pitch. Working with Drummond are Cleary Gottlieb’s David Gelfand and Wilson Sonsini’s Susan Creighton, the two D.C.-based lawyers who last year helped Google usher its Doubleclick deal through the FTC.

Is a Poison Pill in the Offing?

Simpson Thacher’s New York-based team of Charles “Casey” Cogut, Kathryn King Sudol and Alan Klein might have helped Microsoft launch a bid for Yahoo that, suggests Legal Times, is just high enough so that shareholders can’t afford to say no. That leaves the Yahoo board –represented by Skadden’s Palo Alto-based Kenton King — with one option if it doesn’t want to sell: make Yahoo as unattractive as possible. That, according to the LT, means either a white knight or a poison pill. The pill, also known as a shareholder rights plan, was reportedly put in place by the Yahoo board in 2001. Under the provision, once another company buys 15% of Yahoo’s shares, other shareholders would be able to purchase stock at half-price, which would make the deal more expensive.



Have 2 firms? Make sure they relate
Practice Focuses | 2008/02/11 03:24
For some entrepreneurs, opportunity knocks again and again.

While practicing corporate real estate law at Jenner & Block, Jennifer Sara Levin saw an opportunity to make a difference in the lives of other professionals by sharing what she had learned about building a client base.

So she launched a business-relationship consulting firm, NateandDot.com, in January 2006 and left the law firm seven months later to focus on it. Last year, the self-described multitasker launched a concurrent business, Legal Intelligence, an online platform connecting law school students with top-tier firms, in part by applying what she had learned about recruiting at major law firms.

Many people have asked Levin how she juggles both start-ups.

"I'm one of those people who is significantly more efficient when I'm busy," she said. "I try to stack my days for efficiency."

She schedules several downtown meetings on the same day, works nights as needed and relies heavily on communicating via her BlackBerry, Levin said.

While unusual, it's not unheard of for business owners to run two enterprises simultaneously, experts said. The phenomenon occurs most often when entrepreneurs see an opening in the marketplace that is somehow related to their first business and go for it.

They are more likely to succeed when the second business is strategic and not just opportunistic, said Linda Darragh, director of entrepreneurship programs at the University of Chicago.

"Look for a strategic link and a reason they fit together," she said.

For example, Darragh said, a holding company with three separate enterprises all supporting the restaurant industry, offering management, financing and data-processing services, could be effective.

"They link together in terms of cross-selling and some systems," she said.

But with no synergy, managing two enterprises at the same time could be a recipe for disaster, Darragh said, because most entrepreneurs are limited in time and money.

"If you're dividing your resources between two companies, you may be jeopardizing both at the same time," she said.

Levin's two companies have target markets with some overlap and share many core competencies, she said. She researched emotional intelligence and hired an industrial psychologist and cognitive behaviorist to learn the best way to teach networking and communication skills, which apply to both businesses, she said.

Client Sherwin Brook of Chicago accounting firm BrookWeiner said Levin did a stellar job developing a seminar for its young professionals on developing contacts and client relationships. The niche Levin has carved out has great potential, he said, because it is largely overlooked.

Pilot at Northwestern

Levin is just gearing up a pilot program for Legal Intelligence LLC, involving three law firms and her alma mater, Northwestern University School of Law, that will run online at http://www.legalintelllc.com from May 15 to Oct. 15. The idea is to help students find the law firm that fits them best, partly through online video conferences.

"It's like a Match.com for law students," Levin said of her second start-up.

Law firms pay to participate, Levin said, because they want to find law school graduates who aren't just qualified but who also share their firm's values. Often, Levin said, top-tier law firms end up with graduates who don't fit their culture.

"There's no way to do it in a 20-minute interview. You can't get enough information to know if this person is the right cultural fit," she said.

Still, growing two companies at once can be difficult, especially if investors react with skepticism, said Scott Meadow, professor at the University of Chicago Graduate School of Business.

"Unless I had Steve Jobs for both companies, I doubt I would consider backing someone who was working on two different deals," Meadow said.

So what should entrepreneurs do when they are enticed by a new opportunity? Before launching a new business, Meadow said, "you ought to sell that first one, get that off your mind. Then turn to something else." If you make money on the first enterprise, the second one will be that much easier to fund, he said.

Jay Goltz, president of the $15 million-plus Goltz Group, runs three separate operations, with design as the common thread.

He started Artists' Frame Service in 1978, then opened Jayson Home & Garden, a combined home and garden furnishings store, in 1996, in part to give Artists' Frame Service customers a place to shop while their art was being framed. Meantime, his 15-year-old Chicago Art Source aims to tap the corporate market.

"It always started from seeing an unfulfilled need in the marketplace and thinking I could do that better," he said.

Goltz said each time he came up with the new business concept, he thought it would be easy to make it work.

"I tend to jump into the deep end and figure it out later," he said.

Leaps sometimes painful

The process is sometimes painful. He faced several learning curves before he began to identify important differences among the three operations and adapt accordingly, he said.

"The same thing that can be a great asset also can be a liability," Goltz said.

Jayson Home & Garden has seasonal inventory challenges that Artists' Frame Service doesn't have. And Chicago Art Source requires a different type of sales representative than the two retail operations need.

"It has to be someone who understands the corporate market," said Goltz, who employs 115 workers.

Goltz also made some mistakes. For example, he tried opening another business that sold wholesale frames to large department stores, but differences in the market, receivables and inventory proved too great.

He closed it six months after its launch, he said.

Still, Goltz embraces the concept of leveraging core competencies to pursue new business.

"Some people say to stick to the knitting, but if you just stick to the knitting, that would leave enormous opportunities," he said.

Today, Goltz's three operations are successful, he said, because he has the right people in place to manage them.

"It's about finding talent and developing it," he said. "I have less stress today than I've ever had because I have hired key people to run these businesses, and they are doing a good job."


Some of Saudi prince's assets frozen in US
Breaking Legal News | 2008/02/11 03:17
A federal judge this week ordered frozen some of the assets in the United States of Prince Bandar, former Saudi ambassador to Washington, who has been hit by a lawsuit by BAE Systems shareholders, a court source said Sunday.

The British defense group since June has been the subject of a criminal investigation in the United States of possible anti-corruption law violations related to its activities in Saudi Arabia.

Britain's Serious Fraud Office announced in 2006 that it was halting an investigation into claims that BAE Systems set up a slush fund for some members of the Saudi royal family during the giant 1980s Al-Yamamah deal. Press reports said BAE paid two billion dollars in bribes to the prince with staggered payments, a furnished Airbus A340 and a honeymoon for his daughter.

BAE has not denied the payments and in September US shareholders saying they had been injured filed suit against BAE executives and Prince Bandar.

Plaintiffs, after learning Bandar might sell some of his US properties, asked authorities to ensure that profits from any such sales were not allowed to leave the country.

In a decision announced Tuesday Judge Rosemary Collyer, who is handling the case in a Washington federal court, granted their request. The prince can sell his properties as he likes but the product of any sale would remain in a US account in his name, she ordered.



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