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Death sentences at lowest level in 30 years
Law Center | 2007/01/05 20:15

The number of death sentences issued in 2006 reached the lowest level in 30 years, according to a 2006 year-end report issued by the Death Penalty Information Center. The DPIC reported that there were at most 114 death sentences issued in 2006, as opposed to 128 in 2005 and the 1996 high of 317. In addition, only 53 executions were carried out, as opposed to the 60 performed in 2005. Deborah Fleischaker, director of the American Bar Association's Death Penalty Moratorium Implementation Project, cited a lack of public confidence in the death penalty as a result of the possibility of making mistakes, illuminated by the release of 123 people from questionable death row sentences since 1976.

A total of 53 executions were carried out in 2006, down from 60 in 2005. Executions over the past three decades peaked at 98 in 1999. Among the many causes given by prosecutors, lawyers and death penalty critics: the passage of more state laws that allow juries to impose life without parole; an overall drop in violent crime; and a reluctance among some authorities to pursue the death penalty because of the high costs of prosecuting a capital case.

On Tuesday, a New Jersey State commission recommended that the state abolish the death penalty completely, replacing it with a life sentence without the possibility of parole. If the commission's report makes its way into law New Jersey will become the first US jurisdiction to ban capital punishment in over 35 years. In December, Florida Governor Jeb Bush suspended all executions in that state after a lethal injection execution there was botched, and a federal judge in California effectively suspended capital punishment there by ruling that that state's lethal injection procedure creates "an undue and unnecessary risk" of cruel and unusual punishment in violation of the Eighth Amendment of the US Constitution.



Maupin Taylor merging with Virginia law firm
Law Firm News | 2007/01/05 20:14

Raleigh-based Maupin Taylor P.A., is merging with Virginia-based Williams Mullen in a move that will create a regional law firm with 300 attorneys.

"It's a good thing for us and a good thing for the region," says Keith Kapp, the managing partner at Maupin Taylor, a historic firm that was founded in 1870 and currently has 50 attorneys.
 
Financial terms of the deal were not disclosed. There will be no layoffs as a result of the combination, which has been in the works for a little less than a year.

Final details of the merger are still being confirmed, but it is scheduled to close March 1.

The merger increases the geographic reach and client base for both firms. Maupin Taylor doesn't have an office outside North Carolina, while Williams Mullen has locations in Virginia, Washington, D.C. and London.

The name of the firm will be Williams Mullen, although North Carolina offices will operate under the name Williams Mullen Maupin Taylor for a transition period. Julious Smith, the chairman and CEO of Williams Mullen, will continue as chairman and CEO of the merged entity.

The firm's attorneys and staff will combine to total nearly 700 employees.

"We're really excited," says Smith. "Coming down there is a great opportunity for us. We had looked at Raleigh for a long time."

Maupin Taylor claims to be the oldest law firm in North Carolina. Williams Mullen is Virginia's third largest law firm.

"Our clients are more and more involved in North Carolina," Smith says. "It helps us to be on the ground there."

Gary Joyner, the managing partner in the Raleigh office of Kilpatrick Stockton, thinks that the area will see similar moves in coming years as Raleigh continues to grow.



Supreme Court Hears Pivotal First Amendment Case
Court Watch | 2007/01/05 18:29
The Supreme Court case, Washington v. Washington Education Association, to be heard on Wednesday, January 10, is a pivotal case in protecting teachers' First Amendment rights. The case addresses the 1992 Washington paycheck protection law that requires unions to gain permission from their non-members before their money is used for political purposes.

The Washington Supreme Court ruled that this law places an undue burden on the
union. The U.S. Supreme Court will answer the divisive question of whether the union's First Amendment rights trump the constitutional rights of teachers.

"No one has the right to take our money and spend it on causes we don't believe in," said Cindy Omlin, executive director of Northwest Professional Educators. "In a country that places such a high value on freedom, it is incredible that the constitutional rights of an individual can be so severely violated."


Bi-coastal U.S. law firm merger off
Legal Business | 2007/01/05 17:13

A bi-coastal U.S. law firm merger that would have created a 1,200-lawyer national firm with annual revenue of $1 billion has been called off, the firms say.

Dewey Ballantine of New York and San Francisco`s Orrick Herrington & Sutcliffe called off the merger less than three months after the firms` executive committees backed the combination, The American Lawyer reported.

Since the initial agreement, a number of 'significant challenges' arose, the firms said. Adding to the strain, more than 10 Dewey partners left, though not all departures were merger-related, the American Lawyer said.

A former partner attributed the breakdown of the merger to a leak early in the discussions between the two firms.

The combined firm, whose name would have been Dewey Orrick, would have ranked among the 10 largest law firms in the United States.



The Catholic Diocese to settle abuse claims
Breaking Legal News | 2007/01/05 12:54

The Catholic Diocese of Spokane has agreed to settle molestation claims against priests on Thursday for $48 million as part of a Chapter 11 reorganization plan. Victims and a federal bankruptcy judge must still approve the deal, however, Judge Gregg W. Zive of the Nevada Bankruptcy Court, who is mediating the settlement, said he believes the settlement would provide "closure and allow to move forward and continue with the healing process." The diocese filed for Chapter 11 in 2004 stating that the sexual abuse claims far exceeded its $11 million in assets. Last May, a $45.7 million settlement offered by the diocese was rejected by the US Bankruptcy Court for the Eastern District of Washington because it only covered 75 of approximately 185 abuse complaints against the diocese.

The Spokane diocese came up with this plan in order to avoid bankruptcy and also offer succor to people by allowing them "closure" for their sufferings. Around 150 claims have been filed against the diocese and this settlement provision gives the Church a chance to avoid insolvency as well.

The Archdiocese of Portland filed for Chapter 11 in 2004, and the dioceses of Tuscon, Spokane, and Davenport soon followed suit in the wake of hundreds of sexual abuse lawsuits against clergy. Last month, the Portland archdiocese filed a new bankruptcy plan including a $75 million settlement of the sexual abuse claims.

Federal bankruptcy Judge Gregg Zive said that the settlement would allow the victims to gain some "measure of closure and allow them to move forward and continue the healing process”. However the plan still needs to be approved by the victims as well as another judge.

Zive said that the money would be put up by six insurance companies and would also be collected through selling off the bishop's office building. However he added that the specific amount to be disbursed to specific victims was not yet determined.

The judge also added that the settlement would allow the diocese “to continue its ministry and to begin its own journey of renewal, healing and hope”. It may be recalled that the Spokane diocese bankruptcy protection in 2004 after the claims against it increased to $81.3 million.



Sudan joins UN in peacekeepers sex crimes probe
International | 2007/01/05 12:54

The government of Southern Sudan, an autonomous region in Sudan, will join the United Nations in probing alleged sex crimes committed by international peacekeepers against at least twenty Sudanese children in Juba, according to a statement from the Southern Sudanese minister for presidential affairs Thursday. The statement promised a thorough inquiry, emphasizing: "If any persons are proved to have committed these terrible crimes, the Government of Southern Sudan will take all possible steps to ensure the perpetrators are brought to justice." The move follows a Wednesday statement by a spokesperson for UN Secretary-General Ban Ki-moon confirming the UN inquiry and indicating that all credible allegations will be turned over to the UN Office of Internal Oversight Services (OIOS). The UN investigation was spawned by an internal UNICEF report and interviews with alleged victims. Reuters has more.

On Thursday a UN spokesperson confirmed that the UN Mission in Sudan (UNMIS) repatriated four peacekeepers to Bangladesh late last year following allegations of sexual abuse. Michele Montas said that the Department of Peacekeeping Operations will work with the Bangladeshi government to monitor the case and any actions taken against the repatriated peacekeepers. Thirteen other UNMIS staffers are currently under investigation for misconduct, though not all are related to the sex abuse charges.



Orrick, Dewey law firm merger scrapped
Law Firm News | 2007/01/05 12:50

A planned law firm merger between San Francisco's Orrick Herrington & Sutcliffe LLP and Dewey Ballantine LLP has been scrapped.

The aborted deal is a blow to both firms on two fronts. Law firm executives wanted to combine Orrick's bond practice with the merger and acquisition expertise of New York's Dewey to attract more big-dollar case work. A union also would have greatly expanded the Orrick-Dewey presence in the Big Apple, the world's financial capital.

 
Orrick has an office in Menlo Park, San Francisco, and 16 other places in seven countries. Dewey Ballantine has California offices in East Palo Alto and Los Angeles.

Orrick and Dewey "jointly decided" to end merger discussions, according to a statement released Thursday. Both firms saw great potential in a combination, the statement said, but "a combination of this size and scope posed significant challenges."

Sources said those challenges included defections of some big name Dewey lawyers after merger talks between the two firms gained steam. In recent weeks top Dewey M&A attorney Michael Aiello joined Weil Gotshal & Manges. Last month Jack Bodner, another leading M&A counselor, left Dewey for Covington & Burling. At least 10 Dewey partners left the firm since news of the proposed Orrick-Dewey deal spread last September. Whether all those defections are tied to the planned union is not clear. But sources said those attorneys' moves made the merger less appealing to Orrick.

Leaders at Dewey had concerns, too, sources said. Some Dewey partners objected to the potential makeup of the executive committee of the combined firm, which they felt would have weighed too heavily in Orrick's favor.

A merger with Dewey would have been a blockbuster deal for Orrick, which has been on a rapid growth clip under chairman Ralph Baxter Jr. A united Orrick and Dewey would have had an estimated $946 million in annual revenue generated by more than 1,200 attorneys around the globe. That would have made the combined firm the 10th biggest in the United States based on revenue. It also would have resulted in a New York office of nearly 500 lawyers, making it the fifth largest law office in the world's financial capital.



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