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Senate bill would bar terrorism suspects from buying guns
Breaking Legal News | 2007/04/28 01:00

US Sen. Frank Lautenberg (D-NJ) Thursday introduced a bill to restrict gun sales to terror suspects. S. 1237 would give the US attorney general the power and discretion to block gun sales to people listed as suspected terrorists. Under the bill, potential buyers who were denied firearms could appeal that decision to the attorney general. The bill has been endorsed by the Department of Justice, although DOJ leaders stressed that there still might exist situations in which suspected terrorists would be allowed to purchase guns, for example if denying a suspect a gun would tip them off that they were under investigation and would thus hamper intelligence gathering.

Under current law, terrorism suspects can still buy firearms if background checks show they are not convicted felons, illegal immigrants or suffering from mental illness.



McDermott Will & Emery Welcomes New Partner
Law Firm News | 2007/04/27 12:21







McDermott Will & Emery is pleased to announce that Paul M. Thompson has joined the Firm as a partner in the Trial Department, based in the Washington, D.C. office.  During the 109th Congress, Mr. Thompson served as counsel to former Ohio Senator Mike DeWine on the U.S. Senate Judiciary Committee.

"Paul's breadth of experience at both the trial and appellate levels, and his invaluable experience with the Senate Judiciary Committee are a wonderful addition to our practice," commented Bobby Burchfield, co-partner-in-charge of the Washington, D.C. office.

While working for Senator DeWine, Mr. Thompson handled a number of high-profile matters.  He served as lead counsel during the Senate confirmation hearings for both Chief Justice John Roberts and Justice Samuel Alito, the reauthorization of the USA PATRIOT ACT, the passage of the Military Commissions Act (2006), and legislation concerning the National Security Agency's warrantless surveillance program.

From 2002-2005, Mr. Thompson was an Assistant U.S. Attorney in the Appellate Section of the U.S. Attorney’s Office in Pittsburgh, Pennsylvania, where he served as Ethics Advisor, Professional Responsibility Officer, and Acting Chief of the Appellate Section.  During his time with the U.S. Attorney's Office, Paul represented the government in more than 80 criminal and civil appeals before the United States Courts of Appeals and dozens of matters in the United States District Courts.

From 2000-2002, Mr. Thompson served as a law clerk to the Honorable D. Brooks Smith, former Chief Judge of the U.S. District Court for the Western District of Pennsylvania and current member of the U.S. Court of Appeals for the Third Circuit.  He received his J.D. from Harvard Law School, magna cum laude, and his A.B., magna cum laude, Phi Beta Kappa, from Harvard College.

McDermott’s Washington, D.C. office, founded in 1978, has become a full-service location with more than 200 lawyers practicing in a host of areas that include multinational corporations, government and political institutions, environmental agencies, international organizations and high technology companies.  McDermott's Trial Department is well-known for providing clients with a unique blend of trial skills and substantive experience which can be effectively used in the many areas of law and business where disputes arise.

www.mwe.com



Stocks End Flat As Dow Sets New Record
Business | 2007/04/27 10:54

Wall Street paused Thursday, with stocks little changed as strong profit reports from names like Apple Inc. and 3M Corp. failed to galvanize the market a day after the Dow Jones industrials crossed 13,000. Still, a modest advance in the Dow gave the blue chips another record close.

Investors often tread water and reassess valuations after stocks push through technical or psychological barriers such as the Dow's ascent past 13,000 Wednesday. Beyond the Dow's move, investors were also keeping watch over the Standard & Poor's 500 index, which has in recent sessions crept closer to its high of 1,527.46, reached in March 2000.

Better-than-expected profit news, which helped vault the Dow into record territory Wednesday and to a new trading high Thursday, continued but with less effect than in the previous session.

Apple said its fiscal second-quarter profit rose 88 percent amid robust sales of iPods and Macintosh computers. Reports from Dow component 3M and automaker Ford Motor Co. also pleased investors.

"Once you go through what people consider a milestone you are often going to have a little rest," said Ron Kiddoo, chief investment officer at Cozad Asset Management. "Earnings are lending support to the market. Obviously, there are some disappointments, but they're much above what people were expecting."

The Dow rose 15.61, or 0.12 percent, to 13,105.50 after hitting a fresh trading high of 13,132.80. Thursday marked the Dow's 18th rise in the past 20 sessions and its 36th record close since the start of October. The gains Wednesday and Thursday left the Dow up more than 5 percent for the year.

Broader indexes ended mixed Thursday. The Standard & Poor's 500 index slipped 1.17, or 0.08 percent, to 1,494.25, while the Nasdaq composite index rose 6.57, or 0.26 percent, to 2,554.46.

Bonds fell amid the continuation of strong earnings reports. The yield on the 10-year note rose to 4.69 percent from 4.65 percent late Wednesday.

The Dow swept past its latest milestone Wednesday amid better-than-expected earnings and economic data. But the question on investors' minds is whether upcoming data will prove the market's recent rally was justified, or overdone.

While the economic calendar is busier next week, Kiddoo contends earnings will continue to drive stocks until midweek or so when investors begin to focus on the governments employment report, due to arrive May 4.

So far, 22 of the 30 Dow components have reported earnings, with 16 of those reports topping expectations. Dow component Exxon Mobile Corp. released better-than-expected earnings Thursday; it rose 63 cents to $80.55. Microsoft Corp.'s fiscal third-quarter results, which the company announced after the closing bell Thursday, also came in ahead of expectations. Microsoft finished up 11 cents at $29.10 and rose in after-hours electronic trading.

In other corporate news, Apple's profit report beat analysts' estimates, and the stock at times surpassed $100 a share. Apple closed up $3.49, or 3.7 percent, at $98.84.

3M, whose products include Scotch tape and coatings for flat-panel televisions, reported a stronger profit than Wall Street predicted, sending the stock up $3.48, or 4.5 percent, to $80.45. Ford, meanwhile, reported a narrower-than-expected loss for the first quarter. Ford rose 32 cents, or 4.1 percent, to $8.20.

Wendy's International Inc. said late Wednesday it is considering a possible sale of the company, among other options. The burger chain rose $5.31, or 16.3 percent, to $37.99.

Covansys Corp. rose $6.49, or 24.2 percent, to $33.29 after the provider of information-technology services agreed to be acquired by Computer Sciences Corp. for $1.3 billion. As is typical of companies announcing acquisitions, Computer Sciences slipped 14 cents to $55.83.

Harman International Industries Inc., which makes audio equipment, agreed to be taken private in an $8 billion deal. The company, which also said its fiscal third-quarter profit rose 11 percent, jumped $19.94, or 19.4 percent, to $122.50.

A light flow of economic news Thursday didn't appear to hold much sway over stocks. Among the reports, the Labor Department said applications for jobless benefits fell last week by 20,000, the biggest decrease in nearly two months.

Federal Reserve banks in Chicago and Kansas City said manufacturing activity rose in their respective regions.

Friday will bring more weighty data for investors, who are particularly interested in the Commerce Department's initial estimate of first-quarter gross domestic product.

Gold fell on Thursday, while the dollar was mixed against other major currencies.

Light sweet crude settled down 78 cents at $65.06 per barrel on the New York Mercantile Exchange.

Declining issues outpaced advancers by about 9 to 7 on the New York Stock Exchange, where consolidated volume totaled 3.14 billion shares, compared with 3.17 billion traded Wednesday.

Overseas, Japan's Nikkei stock average rose 1.12 percent. Britain's FTSE 100 closed up 0.12 percent, Germany's DAX index rose 0.60 percent, and France's CAC-40 ended down 0.05 percent.



Bush Vows To Veto Troop Withdrawal Plan
Political and Legal | 2007/04/27 09:41

President Bush warned Congress Friday that he will continue vetoing war spending bills as long as they contain a timetable for the withdrawal of American troops from Iraq. Speaking a day after the Democratic-controlled Congress approved legislation that requires that a troop drawdown begin by Oct. 1, Bush said - as expected - he will veto it because of that demand. He invited congressional leaders to come to the White House to discuss a new piece of legislation that does not include a timetable, and expressed optimism a deal could be reached.

But he made clear that if Democrats insist on including timetables again, he will not hesitate to bring out his veto pen.

"If they want to try again that which I've said is unacceptable, of course I won't accept it,'' the president said during a news conference here with Japanese Prime Minister Shinzo Abe. "I hope it won't come to that.''



Nevada court OKs lawyer advertising rules
Court Watch | 2007/04/27 08:51
Rule changes to ensure lawyers' ads are accurate and that clients aren't misled were approved Thursday by the Nevada Supreme Court. But justices say they can't demand that ads be in good taste. "Citizens often choose lawyers based solely on their advertisements," said Justice James Hardesty, who helped get the new rules passed. "Because choosing a lawyer can be such an important decision, we want our citizens to have accurate and complete information."

"Lawyer advertising, because of its sheer volume, touches virtually everyone in Nevada and influences the public's perception about attorneys in general," said Chief Justice William Maupin.

One new rule prohibits lawyers from making claims that create an unjustified expectation about the outcome of a case. If a law firm advertises that it has obtained certain verdicts, for example, it must be able to provide proof.

Another reform requires that ads promoting a fee arrangement must advertise the entire arrangement. Justice Hardesty noted that one law firm advertised a low-percentage contingency fee, but didn't say the fee escalated if the case was not resolved in 30 days.

What will no longer be regulated is whether or not an ad is in bad taste.

"Taste is something we cannot govern without infringing on First Amendment rights," said Hardesty. "So restrictions on taste will be eliminated, but the new rules will make sure the content is not false or misleading."

Under the new rules, taking effect Sept. 1, lawyers must submit their ads to the State Bar for review within 15 days after publication or broadcast. If an ad is deemed to be inaccurate or misleading, it must be pulled. Attorneys can submit ads in advance for an advisory determination.

Because advertisements generally don't reveal a lawyer's background, attorneys also must provide their resumes to clients who request them.



California Lawmakers Approve Prison Plan
Breaking Legal News | 2007/04/27 08:43

California state legislators approved Thursday a $8.3 billion dollar program to construct facilities to provide 53,000 new prison and jail beds over the next five years, as part of an effort to alleviate California's overcrowded prisons. Lawmakers said that the plan will also dedicate more resources to rehabilitation and reduce California's 70 percent recidivism rate. The bill also gives the legislature "clear statutory authority to voluntarily and involuntarily transfer prisoners out-of-state for the next four years." A previous out-of-state transfer plan by California Governor Arnold Schwarzenegger was struck down by a state court because California law prohibits the governor from contracting with private companies to perform jobs usually held by state employees.

California's prison system, originally designed for 100,000 inmates, currently houses 173,000 inmates and has resorted to housing approximately 17,000 inmates in temporary beds in locations like prison gymnasiums. In February, Schwarzenegger announced a plan to release prisoners convicted of nonviolent crimes in response to various federal actions that could establish federal oversight of California's prison system if the overcrowding problem is not resolved.



Zachares pleads guilty to accepting bribes
Breaking Legal News | 2007/04/27 06:45

Former Labor and Immigration Secretary Mark Zachares pleaded guilty Tuesday to accepting tens of thousands of dollars in gifts from lobbyist Jack Abramoff in an influence-peddling scandal that has touched the White House, Interior Department and congressional Republicans. Zachares, 48, was the 11th person to be convicted in the Justice Department probe.

Zachares admitted engaging in official acts on Abramoff's behalf while working for Rep. Don Young, R-Alaska, who chaired the Transportation and Infrastructure Committee.

Abramoff assisted Zachares in obtaining his committee post. Zachares left Young's staff in 2005. Young's office did not return repeated phone calls seeking comment Monday and Tuesday.

Zachares pleaded guilty in front of U.S. District Judge Ellen Segal Huvelle to one count of conspiracy. He faces a maximum of five years in prison, but under federal sentencing guidelines will likely face two years or less.

He is the fifth congressional staffer to plead guilty in the Abramoff scandal, including two ex-aides to former House Majority Leader Tom DeLay, R-Texas.

Zachares entered his plea before Judge Ellen Segal Huvelle. He faces up to five years in prison, a fine of $250,000, and supervised release following his incarceration.



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