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Judith Regan Lawsuit Settled Is Settled
Legal Business | 2008/01/26 19:30
The war is over: Judith Regan, the publisher fired in the wake of her efforts to release O.J. Simpson's hypothetical "confession," has settled her $100 million lawsuit with Rupert Murdoch's News Corporation. "The parties are pleased that they have reached an equitable, confidential settlement, with no admission of liability by any party," according to a joint statement issued Friday.

"I am grateful for the opportunity to have worked with so many gifted people and am looking forward to my next venture," Regan, who filed a $100 million defamation suit last November, said in a statement.

Regan's ReganBooks imprint at HarperCollins published a long list of racy best sellers, including Jose Canseco's "Juiced" and Jenna Jameson's "How to Make Love Like a Porn Star." But she was fired in December 2006, less than a month after Murdoch canceled her plans to publish O.J. Simpson's allegedly fictional murder confession, "If I Did It." The book and a companion Fox television interview were greeted with widespread public outrage.

"Ms. Regan is a talented publisher who created many award-winning and best-selling books during her twelve and a half years at the company," the company said in a statement. "News Corp. thanks Ms. Regan for her outstanding contributions and wishes her continued success."

At the time of her firing, when she still had more than two years on her contract, News Corp. alleged that Regan made anti-Semitic comments to a company lawyer during an angry telephone conversation.

"This charge was completely fabricated," according to Regan's lawsuit.

"After carefully considering the matter, we accept Ms. Regan's position that she did not say anything that was anti-Semitic in nature, and further believe that Ms. Regan is not anti-Semitic," News Corp. said Friday.

Regan had also accused her former employers of asking her to lie to federal investigators about Bernard Kerik, the former New York City police commissioner who was once her lover, and had tried to smear her.

Regan said the smear campaign stems from her past intimate relationship with Kerik, who was police commissioner under former Mayor Rudolph Giuliani, and from the political agenda of News Corp.

Giuliani, a Republican, appointed Kerik police commissioner and recommended him to President Bush for secretary of the Department of Homeland Security. Kerik had to withdraw his nomination after it was revealed he had not reported the wages he paid to a nanny. He was indicted last November, days before Regan filed her lawsuit, on counts including accusations of lying to the White House and filing false income tax returns. He has pleaded not guilty to the charges.



Atlanta labor law firm plants flag in San Francisco
Legal Business | 2008/01/25 05:48

A fast-growing labor and employment law firm from Atlanta has planted its flag in San Francisco.

Ogletree Deakins Nash Smoak & Stewart PC raided two law firms in the city for partners to launch its newest location.

Thomas McInerney joined from Thelen Reid Brown Raysman & Steiner LLP, where he was a partner in the firm's labor and employment law group. Douglas Farmer, formerly a partner at Sheppard Mullin Richter & Hampton LLP, is Ogletree's new managing partner in the San Francisco office.

Ogletree, with more than 400 attorneys in 33 offices across the country, is the nation's third largest labor and employment law firm -- behind Jackson Lewis LLP and San Francisco-based Littler Mendelson PC. Ogletree said it represents more than half of the Fortune 50 corporations in the United States. McInerney and Farmer bring clients to Ogletree in a number of industries, including television, retail, health care and engineering.

McInerney's and Farmer's jump to Ogletree illustrates a growing tendency among labor and employment partners: They are bolting general practice firms to join speciality shops. One big reason: rates. Many general practice law firms charge higher hourly rates for labor and employment work than do specialty firms. By moving their labor practice to a boutique, labor lawyers can offer lower rates and hold onto cherished clients.

Clients are another factor fueling partners' lateral moves. Fortune 500 companies are cutting back on the number of labor firms they use. To make themselves more attractive to these clients, some lawyers are joining specialty labor and employment firms to be able to cater to those companies' needs.

Farmer said Ogletree is seeking additional partners for its San Francisco office. He would like the firm to have 12 attorneys in the city within two years.

Founded in 1977 , Ogletree already has a presence in California. The firm opened a branch in Los Angeles in 2003. Ogletree opened seven offices across the country last year, including Cleveland, Philadelphia, Memphis, Tenn., and St. Louis.



Texas Panel That Charged Justice Invalid
Legal Business | 2008/01/25 01:43
A bizarre legal battle effectively ended Tuesday when a judge ruled that a grand jury that indicted a Texas Supreme Court justice over the prosecutor's objections was operating with improperly filed paperwork, the justice's attorney and the grand jury foreman said.

The mistake, made when the Harris County district attorney's office extended the grand jury's term in November, invalidated all indictments issued after that point, District Judge Jim Wallace ruled. That includes last week's tampering-with-evidence charge against Justice David Medina, and an arson charge against his wife, in connection with a fire at their home in June.

District Attorney Chuck Rosenthal had quickly dropped the charges, saying there was insufficient evidence. Angry grand jurors said the move was politically motivated, and their foreman, Robert Ryan, said he had planned to reconvene the panel Wednesday to issue another indictment.

Those plans were scuttled by Wallace's ruling, said Ryan, who has served on five grand juries.

Ryan said he and several other grand jurors were outraged by the judge's decision over what he described as a "boilerplate" order routinely issued by the district attorney's office to extend grand jury terms.

"That just shows you the sheer incompetence of the district attorney's office of Harris County, Texas," Ryan said.

Prosecutors have said they are continuing to investigate the June 28 fire that destroyed the Medinas' home, damaged two other houses and caused nearly $1 million in damage in the Houston suburb of Spring. But the couple's attorney Terry Yates expressed hope that the case was over.

"It's been a roller coaster for them. Obviously, they're very pleased," Yates said. "We hope this is a final chapter in this case and that it effectively ends the prosecution of David Medina."

The fire marshal's office has said the fire was not electrical or accidental. A dog detected an accelerant at the scene.

Investigators became suspicious after discovering a mortgage company sued in June 2006 to foreclose on the $300,000 home. The lawsuit, filed after the family missed payments for five months, was settled in December 2006.

Yates has acknowledged the family had financial problems. They owed nearly $1,900 in fees to a homeowners association and let the insurance policy on the house lapse, meaning losses from the fire were not covered.

Medina was appointed by the governor to the state's highest civil court in 2004 and elected to a full term two years later. He and the district attorney are Republicans.

Rosenthal dropped out of his re-election campaign but has refused calls for his resignation after the embarrassing release of dozens of pornographic, racist and political e-mails on his office computer.



Law firm creates climate change group
Legal Business | 2008/01/24 03:41

Law firm Stinson Morrison Hecker has marshaled some of its lawyers from different specialties to form the Climate Change Practice Group.

The group's members include David Bengtson, Stinson's Wichita managing partner, as well as 29 other lawyers in five of Stinson's eight offices across the country.

Mark Johnson, practice leader of the climate change group and a lawyer practicing in environmental law, said several factors led the Kansas City, Mo.-based firm to form the practice group. Those include client needs and an increasing focus at the state and federal levels on climate change legislation.

The idea solidified when Johnson attended a seminar on the Clean Air Act last year in Washington, D.C.

"It seemed like the discussions were dominated by climate change," he said.

Legislation in Congress, such as the America's Climate Security Act, whichaims to cut greenhouse gas emissions, will likely have an impact on business, Johnson said.

A bill has been introduced in the Missouri Legislature that would require greenhouse gas emissions reporting and also calls for greenhouse gas reductions.

And in Kansas, Sunflower Electric Power Corp., which wants to build two coal-fired power plants, is battling state regulators over the potential of carbon dioxide emissions.

"I think it's really a reaction to the changing legal environment... in which all of our clients operate," Bengtson said of the creation of the practice group.

Johnson and Bengtson, who specialize in the oil and gas industry, said the lawyers in the practice group specialize in several areas, including securities law, corporate law and real estate.

Bengtson and Johnson think Stinson is the first firm in Kansas and Missouri to create a practice group representing businesses affected by climate change issues.

Local law firm officials said they are not aware of other firms forming similar practice groups, though there are lawyers in the Wichita area who specialize in environmental law.

Nationally, there are firms that have similar environment-focused practice groups, including Hogan & Hartson in Washington, D.C., and Perkins Coie in Seattle.



Two shareholders leave Orlando law firm
Legal Business | 2008/01/23 03:41

The Orlando law firm of Moran & Shams P.A. announced that two of its shareholders are leaving and the firm's name will change.

Maurice "Mo" Shams and Sidney Shams are departing amicably, the firm says.

The 14-attorney commercial law firm, renamed Moran Kidd Lyons Johnson & Berkson P. A., will remain at 111 N. Orange Ave., Suite 1200.

Meanwhile, the Shams have set up a new law firm in Maitland, to be called the Shams Law Firm, at 1015 Maitland Center Commons Blvd., Suite 110.

A joint statement by the Orlando firm and the Shams says the two attorneys are leaving to focus on their business, tax, estate and real estate practice.

"In light of the longstanding personal friendships and mutual respect of all of the firm's shareholders, the transition has been amicable and cooperative," says the statement.




Attorney Struggled Over Case For Years
Legal Business | 2008/01/21 05:51

Lawyer Leslie P. Smith brooded over what he knew for a decade: information that might spare the life of an inmate on Virginia's death row. He had thought about disclosing it long ago. But back in 1998, he had been told not to jeopardize the interests of his own client.

The case he could not forget was that of Daryl Atkins, who was convicted in a carjacking murder in York County, Va., and whose appeals spurred the U.S. Supreme Court to a landmark ruling that banned executions of mentally retarded inmates. Ironically, Atkins remained on death row in spite of the historic decision, his own mental limitations still under debate.

All the while, there was Smith, a solo practitioner in Hampton, sometimes pondering his vow of silence. He had been the attorney for Atkins's co-defendant. And what he felt he knew was this: His own client had been coached in his testimony to help ensure that Atkins got the death penalty.

Last spring, Smith, 64, unexpectedly decided to raise the issue again, writing a letter to the Virginia Bar. This time, he was urged to tell what he knew, he testified in court. And the outcome of that revelation came Thursday evening: Atkins's sentence was commuted to life in prison, bringing apparent finality to a case that has bounced from court to court for a decade.

In the end, it seemed one man's disclosure had changed everything. Many lauded Smith for coming forward, although others asked why he waited so long.

"The court finds that Leslie Smith's evidence was indeed credible," Circuit Court Judge Prentis Smiley Jr. said Thursday as the low-key Hampton lawyer watched quietly in the courtroom. The judge noted that Smith had "absolutely nothing to gain."

Atkins's own counsel told the court, "He comes forward at great personal cost to himself."

To some, Smith might seem an unlikely man for the spotlight.

After the ruling was handed down, he left the courthouse without comment. A day later, he was working in his office in Hampton, even though it was a state holiday. Not a showman, not a tough talker, Smith has practiced law 37 years -- half real estate, half criminal work. Other lawyers describe him as honest, forthright.

"He's just a pleasant, down-to-earth, plain-spoken kind of guy," said Ron Smith, a Hampton lawyer who has known him 20 years. "What he did was extraordinary, and he wrestled with it a long time."

"Somebody's sitting on death row, and you know there's evidence . . . they don't know about," said Ron Smith, who is no relation to Leslie Smith. "That's an awful situation for a lawyer to be in."

Over his long career, Leslie Smith has handled five or six capital cases, including the one involving Atkins's co-defendant.



Role of politically connected law firm questioned
Legal Business | 2008/01/16 03:09
Atty. Gen. Lisa Madigan's office asked a Cook County judge Tuesday to remove a law firm with close ties to Gov. Rod Blagojevich from the criminal case of a one-time Blagojevich friend charged with stealing $2 million from the state.

Blagojevich's office and Madigan have repeatedly clashed over the governor's use of private law firms to represent state agencies or his administration. Madigan's office argues that only the attorney general has the authority to represent state agencies in court or hire outside firms for that work.

The development is the latest twist in the case of Anita Mahajan, who is facing fraud charges that her firm, K.K. Bio-Science, billed the Department of Children and Family Services for drug tests it did not perform.

Madigan's office argued that the law firm of Meckler, Bulger and Tilson cannot continue to represent the agency's interests in the ongoing criminal case against Mahajan.

Mahajan and her banker husband, Amrish, were personal friends of Blagojevich and his family and financial supporters of his campaign. First Lady Patricia Blagojevich, a real estate agent, received more than $113,000 in commissions from real estate deals involving the Mahajans in 2006.

Cook County Judge James Obbish did not immediately rule on the request from Madigan's office.

Bruce Meckler said lawyers for his firm were in court Tuesday only because Mahajan's lawyer was demanding records from the firm related to its work for DCFS in the Mahajan case last fall.

"We were there representing our law firm, which had been subpoenaed," Meckler said.

Steve Miller, Mahajan's attorney, questioned in court whether the firm was representing DCFS or the governor's office.

Meckler, who has close political ties to Blagojevich, said his firm is not representing the governor's office in this case. The firm has represented the governor's administration in other matters, and the governor appointed Meckler to the board that oversees Navy Pier and McCormick Place. In addition, Meckler's firm has contributed more than $128,000 to Blagojevich's campaign fund.


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