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Campaign finance law: Third time a charm?
Legal Business |
2010/01/03 07:10
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Vermonters running for office this year are already raising and spending money, but the rules that try to limit the influence of campaign money on government are murky. Legislators may – again – pass a bill this year limiting donations from individuals, political action committees and parties. But there will be factors that will complicate that decision. For one thing, it is an election year, a time when lawmakers have typically stayed away from campaign finance bills. And at least four senators are already running for higher office, as are Lt. Gov. Brian Dubie, who presides over the Senate, and Secretary of State Deborah Markowitz, the state's chief election officer. Finally, a new lawsuit, brought by some of the plaintiffs and the lawyer who successfully challenged the state's last set of campaign finance laws before the U.S. Supreme Court, will move forward. The previous lawsuit by Vermont Right to Life and attorney James Bopp, who frequently challenges states' campaign finance laws, resulted in the country's top court tossing out central parts of Vermont's rules governing money in politics, which were passed in 1998. Since then, under the advice of Attorney General William Sorrel, the state has operated under the laws that preceded the 1998 changes. Twice lawmakers have passed a bill implementing a new set of campaign finance laws, and twice Gov. James Douglas has vetoed the measure. Lawmakers have tried to set more stringent limits on contributions from any given donor and especially from PACs and parties. Douglas objects to the way the bills would curb giving by parties.
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Fla. gov: No reason to refuse lawyer's donations
Legal Business |
2009/12/28 03:34
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Florida's governor says he saw no reason to investigate a South Florida lawyer charged with operating a $1 billion Ponzi scheme or refuse his political contributions. Gov. Charlie Crist said Thursday he initially didn't believe rumors about now disbarred attorney Scott Rothstein. The two were once political allies and friends. Crist attended Rothstein's extravagant wedding. Rothstein helped throw a 52nd birthday party for Crist. A South Florida Sun Sentinel analysis of campaign contributions shows Rothstein, his legal associates and their families have donated at least $2.8 million to largely Republican political causes since 2006. Crist, who is running for U.S. Senate, says Rothstein never asked for political favors or anything else in return for his support. |
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Indian reservation cigarettes under fire in NY
Legal Business |
2009/12/11 09:12
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The City of New York has accused several cigarette dealers on a Long Island Indian reservation of secretly defying a court order that was supposed to have shut them down. The charge is the latest in a legal battle between New York Mayor Michael Bloomberg and smoke shops on the Poospatuck Indian Reservation over the sale of millions of dollars in untaxed cigarettes. In August, a federal judge ordered most of the largest shops on the reservation to stop selling untaxed packs to the general public, saying such sales were illegal, despite the state's tolerance of the practice. Publicly, the shops promised to abide by the ruling, but in a motion filed in federal court on Wednesday, lawyers for the city said three dealers quietly continued to do business through newly formed cigarette stores not covered by the court order. "It shows contempt for the court's authority," said Eric Proshansky, an attorney for the city. The tribe's chief, Harry Wallace, didn't immediately return a phone and e-mail message from The Associated Press on Thursday, but told Newsday that the allegations are false. The city has asked U.S. District Court Judge Carol Amon for thousands of dollars in penalties against the three dealers. Lawyers for two of the dealers declined comment. Richard Levitt, a lawyer who represents dealer Wayne Harris, wouldn't discuss his client's case in detail but said, "the evidence will show that he is not in contempt of the court's order." |
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FEC fines Fieger firm over campaign donations
Legal Business |
2009/11/20 06:45
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A Michigan law firm has agreed to pay a $131,000 fine to resolve an investigation into donations to former Sen. John Edwards' 2004 presidential campaign. The Federal Election Commission said Thursday it had reached an agreement with the law firm of Geoffrey Fieger, who once represented assisted suicide advocate Dr. Jack Kevorkian, after the commission found probable cause that Fieger's firm violated campaign finance laws. Fieger, a Democrat who lost a bid for Michigan governor in 1998 against Republican Gov. John Engler, has denied any wrongdoing. Fieger and his law partner, Ven Johnson, were acquitted in 2008 of illegally funneling campaign money for Edwards' 2004 presidential race. Jurors said the government failed to prove the lawyer knew he was breaking the law. Fieger's lawyer, Michael Dezsi, said the firm decided to pay the fine instead of continuing the litigation. "We felt confident that we would have prevailed as we did against the Justice Department. But for the amount we were able to negotiate the settlement, it simply just wasn't worth the litigation. We've spent years litigating this," he said. Under the agreement, which was reached in October, the FEC said it found probable cause that the law firm made payments to 66 individuals to reimburse them for $131,000 in contributions to Edwards' presidential campaign. Under campaign finance laws, corporations are barred from making contributions to a candidate and donors are prohibited from contributing in the name of another person. The commission voted to take no further action against Fieger or Johnson. Documents filed by the commission show that FEC commissioners were deadlocked over whether Fieger and Johnson "knowingly and willfully" violated campaign finance laws. Deszi said that finding could have led to fines of about $1 million. |
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FBI says hackers targeting law firms, PR companies
Legal Business |
2009/11/18 03:24
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Hackers are increasingly targeting law firms and public relations companies with a sophisticated e-mail scheme that breaks into their computer networks to steal sensitive data, often linked to large corporate clients doing business overseas. The FBI has issued an advisory that warns companies of "noticeable increases" in efforts to hack into the law firms' computer systems — a trend that cyber experts say began as far back as two years ago but has grown dramatically. In many cases, the intrusions are what cyber security experts describe as "spear phishing," attacks that come through personalized spam e-mails that can slip through common defenses and appear harmless because they have subject lines appropriate to a person's business and appear to come from a trusted source. "Law firms have a tremendous concentration of really critical, private information," said Bradford Bleier, unit chief with the FBI's cyber division. Infiltrating those computer systems, he said, "is a really optimal way to obtain economic, personal and personal security related information." Alan Paller, director of research at SANS Institute, a computer-security organization, said Monday that a major law firm in New York was hacked into in early 2008 in an attack that originated in China. FBI officials did not immediately return messages for comment on the China connection. The FBI advisory was dated Nov. 1, 2009. U.S. officials have been cautious about publicly linking cyber attacks to China. But recent government reports have described computer attacks believed to have originated in China, although it is unclear if the intrusions were conducted by, or with the endorsement of, any element of the Chinese government. |
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CAPITAL CULTURE: Sotomayor adds celebrity to court
Legal Business |
2009/11/17 03:32
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Apparently, no one told Sonia Sotomayor that Supreme Court justices are supposed to be circumspect, emerging from their marble palace mainly to dispense legal wisdom to law schools, judges' conferences and lawyers' meetings. Since becoming the first Hispanic justice, Sotomayor has mamboed with movie stars, exchanged smooches with musicians at the White House and thrown out the first pitch for her beloved New York Yankees. A famous jazz composer even wrote a song about her: "Wise Latina Woman." In short, Sotomayor has become a celebrity — all without having made a single major decision at the nation's highest court. It's not that other justices don't have their own particular glamour. Ruth Bader Ginsburg and Antonin Scalia — both opera lovers — recently had roles in the opening performance of "Ariadne auf Naxos" for the Washington National Opera. Other justices have done tours to promote their books. But that kind of fame rarely reaches the man on the street. Few Americans can name most of the justices. "Many, many, many more Americans can name the Seven Dwarfs than they can the people on the Supreme Court," said Bob Thompson, professor of television and popular culture at Syracuse University. |
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Downturn has some law firms downsizing offices
Legal Business |
2009/11/12 08:25
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"Legal services employment in Boston, which never fully recovered from the previous recession, is now shedding jobs at a rate not seen since the recession of the early nineties," and one result is that some local law firms are unloading no-longer-needed office space, Jones Lang LaSalle said in a new report. A real estate money management and services firm with a big presence in Greater Boston, Jones Lang LaSalle said, "The downturn has caused Boston law firms to shed surplus office space and renew their focus on utilizing remaining space more efficiently." Declines in mergers and acquisitions and in legal financial business have led to a drop in law firm revenue, and law firms are now looking at "their real estate for possible opportunities to decrease overall operating costs," the report said. The press release included a statement from Tom Doughty, the international director of Jones Lang LaSalle law firm group. "There is a 'Perfect Storm' of circumstances that law firms need to understand and take into consideration as they contemplate their real estate plans for the future," Doughty said. "Space options abound � from new buildings to existing built-out space - while competition for premium space is decreasing and rental rates are declining. As a result, law firms that are able to take advantage of the current market will have an opportunity to solidify long-term occupancy at significantly decreased costs."
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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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