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Deadlocked Spector jury sent back to deliberate
Court Watch | 2007/09/21 07:29

The judge in the Phil Spector trial on Thursday ordered the deadlocked jury to resume deliberations on murder charges against the rock producer. Jury deliberations were suspended on Tuesday after the panel said it was split 7-5 over a verdict, without saying which way it was leaning. The panel had been deliberating for seven days.

Spector, 67, faces 15 years to life in prison if convicted of murdering actress Lana Clarkson with a gunshot through her mouth at his Los Angeles area home in February 2003.

Los Angeles Superior Court Judge Larry Fidler issued new instructions to the jury on Thursday aimed at breaking an impasse after two days of legal arguments with lawyers on both sides.

Fidler withdrew a jury instruction -- seen as central to the defense case -- that said the prosecution must prove beyond a reasonable doubt that Spector pointed a gun at Clarkson and the gun ended up inside her mouth while in Spector's hand for them to find him guilty.

Instead he told the jury they could consider a range of possible scenarios.

Jurors had reported confusion over the original instruction and Fidler agreed it "misstates the law."

The defense has argued that the 40-year-old actress, who was working as a nightclub hostess when she met Spector, was depressed over her career and finances and shot herself in the mouth, either deliberately or by accident.

Prosecutors said during the trial that even if the gun went off mistakenly, Spector could be convicted of murder because his actions showed a conscious disregard for human life.

Spector, who did not testify in his defense, is famous for pioneering the "Wall of Sound" recording technique in the 1960s and for his work with The Beatles, The Ronettes, Tina Turner and Cher.



Court upholds ruling in O'Brien firing
Legal Business | 2007/09/21 06:33

A state appeals court has upheld a $2.5 million judgment awarded to former Ohio State University basketball coach Jim O'Brien over his 2004 firing. The Tenth District Court of Appeals ruled in an opinion issued Thursday that the Ohio Court of Claims rightfully decided in favor of O'Brien. The former coach had argued his concealment from the school of a personal loan he gave to a recruit in late 1998 did not warrant his dismissal. After the ruling, both parties appealed, OSU claiming the court erred in finding the former coach didn't materially breach his contract. The university added that additional instances of misconduct released by the NCAA in early 2006 should have barred O'Brien's claim altogether.

O'Brien also appealed the original ruling, claiming the court didn't properly calculate the amount of damages due and that OSU shouldn't have been able to reduce the sum because of bonus amounts they previously paid.

O'Brien was fired after he told former OSU Athletics Director Andy Geiger that he made the loan to the family of Aleksandar Radojevic, a prospect from Serbia. Radojevic never played for the Buckeyes, but O'Brien said he made the loan because his family was in financial straits following the death of Radojevic's father. Geiger reported the transaction to the NCAA in May 2004 and O'Brien was terminated in June, according to court documents.

The ruling that awarded O'Brien the judgment found that OSU's termination wasn't for a "material breach," defined as an act that defeats the entire purpose of the contract. The appeals court found that "NCAA compliance was but one of O'Brien's many duties."

The court added in its ruling that the stipulation in O'Brien's contract, approving termination for a material breach or NCAA violation, didn't allow OSU to determine a violation occured before the NCAA handed it down. The termination created "a 'bootstrapping effect' by allowing OSU to substitute its own judgment for that of the NCAA," the opinion stated.

The NCAA didn't issue an official ruling regarding O'Brien's violations until early 2006, and "even if it would have been proper to terminate him at that time, much of the liquidated damages awarded to O'Brien in the judgment of the trial court would have been earned as salary," the court said.

OSU is expected to issue a statement Thursday afternoon.



Phila. law firm hit with discrimination suit
Law Center | 2007/09/21 05:39

Philadelphia law firm Cozen O'Connor has been sued by a former partner who alleges that she was not given the same leeway regarding political activities as male employees. Patricia Biswanger claims in her sex discrimination and retaliation suit that she was fired from her position as a non-equity partner in September 2005, less than a month after she filed a gender discrimination complaint with the firm's human resources department.

The suit, filed Wednesday in U.S. District Court in Philadelphia, charges that her political activities in Haverford, Pa., caused Cozen O'Connor to apply a double standard that prohibited her from using any firm resources such as phones and email for those activities. She said the firm placed no restrictions on male lawyers' political activities.

The suit says that instead of investigating the complaint, the firm instead tried to prove that she violated its policy about using firm resources for political purposes, a charge that she denies.

The suit was filed by attorneys Michael J. Salmanson, Scott B. Goldshaw and Katie R. Eyer of Philadelphia's Salmanson Goldshaw and names Cozen O'Connor, firm founders Stephen Cozen and Patrick O'Connor and partner Kevin Berry as defendants. Cozen O'Connor's lawyer, Abraham Reich of Fox Rothschild, said the firm has always provided the same opportunities regardless of gender and that the investigation into Biswanger's complaint was "fair and objective." He said the firm looks forward to refuting the charges in court.

Biswanger, an employment litigator, has worked at Rubin Fortunato & Harbison of Wayne, Pa., since December 2005.



Court urges Sudan war crimes arrest
International | 2007/09/21 05:29

The chief prosecutor of the International Criminal Court (ICC) has urged world leaders to "break their silence" and press the Sudanese government to arrest one of its ministers for alleged war crimes. The comments by Luis Moreno-Ocampo, the ICC prosecutor, came ahead of a high-level UN meeting on Darfur on Friday.
Moren-Ocampo has called for the arrest of Ahmed Harun, Sudan's humanitarian affairs minister, who faces charges of war crimes and crimes against humanity.

He said he was concerned that silence by world leaders "has been understood in Khartoum as a weakening of international resolve".

"It is time to break the silence," he said.

UN meeting

Moreno-Ocampo said Harun, who is suspected of involvement in the murder, rape, torture and persecution of civilians in Darfur, is now in charge of the millions of people he forced out of villages into camps.

"Ahmed Harun is not protecting the camps, he is controlling them. He must be stopped. He must be arrested. The international community must be consistent in their support of the law."

The ICC wants Friday's UN meeting, chaired by Ban Ki-moon, the UN secretary general, and Alpha Oumar Konare, the African Union chairman, to be used to push the Sudanese government to arrest Harun.

But bringing to justice those most responsible for killing over 200,000 people and uprooting more than 2.5 million during the four and a half-year conflict is not on the agenda for the meeting.

Instead, ministers from 26 countries have been invited to discuss international support for new negotiations with Khartoum, the deployment of a 26,000-strong AU-UN force in Darfur and the expansion of humanitarian assistance.

"World leaders have to understand that if the justice component process is ignored, crimes will continue and affect the humanitarian and security operations in Darfur," Moreno-Ocampo said.

Postponing Harun's arrest, he said, would mean "there will be no solution in Darfur" but Moreno-Ocampo also expressed hope that the UN secretary-general's talks with Omar al-Bashir, the Sudanese president, earlier this month might "bear fruit".


Chile's top court rules to extradite Fujimori
International | 2007/09/21 05:11
Chile's Supreme Court said on Friday it had ruled to extradite Peru's former President Alberto Fujimori to face charges of embezzlement and human rights abuses during the 1990s.

Alberto Chaigneau, president of the courtroom where the extradition case was heard, said magistrates had accepted seven of the 13 points made by Peruvian state prosecutors seeking to bring Fujimori to trial.

The Supreme Court ruling cannot be appealed.

Fujimori, 69, has been in Chile since November 2005, when he was arrested on an international warrant after flying into the country from Japan.

He was apparently planning to launch a political comeback in Peru, where he served two terms as president from 1990 until 2000. His government collapsed in a massive corruption scandal and he fled to exile in Japan.

Peruvian prosecutors want to try Fujimori on charges of embezzling $15 million and using excessive anti-terrorism measures -- including allegations of two massacres -- to crush Maoist rebel group Shining Path.

But many Peruvians still admire him for capturing Shining Path's top leaders and defeating its insurgency.



Greenberg Traurig Named Top Illinois Firm in Real Estate
Law Firm News | 2007/09/20 22:56


The Legal 500 US - Volume IV recognized Greenberg Traurig as being among the top firms in Illinois in the area of Real Estate. The Chicago office was named a leader in the following categories:
  • Transactions and Finance
  • Land Use and Zoning

Additionally, the Guide recognized Chicago Real Estate shareholders Corey Light (Transactions and Finance) and Mark McCombs (Land Use and Zoning).

The Legal 500 US - Volume IV: Real Estate, Labor and Employment, and Tax is the fourth of four guides covering the U.S. legal market. The guide provides independent and unbiased commentary on pre-eminent law firms, and lawyers, in the world’s strongest and most competitive legal market.

About Greenberg Traurig, LLP

Greenberg Traurig, LLP is an international, full-service law firm with more than 1,700 attorneys and governmental affairs professionals in the U.S., Europe and Asia. The firm is ranked seventh on The American Lawyer's Am Law 100 listing of the largest law firms in the U.S., based on number of lawyers.

Greenberg Traurig serves clients from offices in: Albany, NY; Amsterdam, The Netherlands; Atlanta, GA; Boca Raton, FL; Boston, MA; Chicago, IL; Dallas, TX; Denver, CO; Fort Lauderdale, FL; Houston, TX; Las Vegas, NV; Los Angeles, CA; Miami, FL; Morristown, NJ; New York, NY; Orange County, CA; Orlando, FL; Philadelphia, PA; Phoenix, AZ; Sacramento, CA; Silicon Valley, CA; Tallahassee, FL; Tampa Bay, FL; Tokyo, Japan; Tysons Corner, VA; Washington, D.C.; West Palm Beach, FL; Wilmington, DE; and Zurich, Switzerland. Additionally, the firm has strategic alliances with the following independent law firms: Olswang, London and Brussels; Studio Santa Maria, Milan and Rome; and Hayabusa Asuka Law Offices in Tokyo.

For additional information, please visit the firm's Web site at www.gtlaw.com.



Spector Judge to Withdraw Instruction
Legal Business | 2007/09/20 08:12
The deadlocked jury in the Phil Spector murder trial was asked to resume its deliberations after the judge yesterday said he would withdraw a legal instruction that jurors said was a stumbling block in reaching a verdict. The decision to drop the instruction came yesterday afternoon. Superior Court Judge Larry Paul Fidler had earlier decided not to allow the jurors to consider a lesser charge.

"There's some good news," Fidler told the jurors before letting them go for the day. "We will give you new instructions that may be a benefit to you." Jurors will return this morning.

On Tuesday, the jury of nine men and three women said it was split 7-5 on whether famed record producer Spector, 67, shot actress Lana Clarkson, 40, on Feb. 3, 2003. The jury was not allowed to say whether the majority supported guilt or acquittal.

When Fidler polled the jurors yesterday morning, they indicated they had questions about Special Instruction 3. They also said they had discussions about how to determine reasonable doubt.

Special Instruction 3 lays out the prosecution theory of the encounter between Spector and Clarkson on Feb. 3.

"It is the prosecution's contention that the act committed by the defendant that caused the death of Ms. Clarkson was to point a gun at her, which resulted in that gun entering Ms. Clarkson's mouth while in Mr. Spector's hand," Fidler told the jurors Sept. 10 before sending them off to deliberate.

"The prosecution bears the burden of proving that defendant Spector committed that act. If you do not find that the prosecution has proved beyond a reasonable doubt that the defendant committed the act, you must return a verdict of not guilty," Fidler said.

The problem with the instruction, Fidler said yesterday, was that the last sentence misstated the law. "I can see why the jury is confused," he said.

The judge said he would give both sides a chance to reargue before the jury resumes deliberations.



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