Lawyers mounted their arguments Wednesday to intervene in a federal challenge to California’s gay marriage ban, but Chief Judge Vaughn Walker clearly knew how he would rule before any of them uttered a word. Walker, whose facial expressions alternated between somber and smiles throughout the hearing, read from a prepared text after the lawyers had their turn. The judge denied gay rights groups’ attempt to direct the plaintiffs’ case alongside legal heavyweights Theodore Olson and David Boies.
Posts on ‘August 20th, 2009’
Early Parole Given to Former N.Y. Justice Convicted of Bribery
Former Justice Gerald P. Garson of Brooklyn, N.Y., was granted parole on Tuesday, 25 months after he began serving three to 10 years for bribery and two related counts. The New York Parole Board set Dec. 23, 2009, as Garson’s release date and stipulated that after his release he is barred from being affiliated with a law firm. He is also required as a condition of parole to participate in an alcohol abuse treatment program and to submit to substance abuse testing.
In Photo ID Case, Security Concerns Win Out Over Religious Beliefs
In a case that pitted religious beliefs about photographs against the ramped up security concerns following the Sept. 11 terrorist attacks, a federal judge has ruled that an oil refinery had no duty to accommodate a worker who refused on religious grounds to pose for a photo ID. Judge Cynthia M. Rufe of the Eastern District of Pennsylvania found that a 2002 federal law specifically mandated that all workers in port facilities carry photo ID, and that the refinery had no power to waive that requirement.
Ethics Panel Says Former D.C. Prosecutor Broke Federal Law
A former federal prosecutor in Washington was dishonest, interfered with the administration of justice and committed a crime when he doled out thousands of dollars in federal witness money to jailed informants and to individuals who were not in fact witnesses, according to a professional responsibility hearing committee in the District of Columbia. However, the committee split on its recommended sanction against former Assistant U.S. Attorney G. Paul Howes, who now works in Coughlin Stoia’s San Diego office.
Harriet Miers Takes Another Crack at the U.S. Supreme Court
Former White House counsel Harriet Miers once aspired to serve on the Supreme Court, a bid that failed in 2005. Now, back in private practice, she’s angling to argue a case before the high court. Miers filed a certiorari petition in a dispute about whether state and local governments have authority to tax natural gas that is held temporarily in storage in an interstate pipeline system. The Court hasn’t ruled on the petition, but has shown interest in it by calling for a response from opposing counsel.
Brown Rudnick Ends Deferred Start Dates for 11 First-Years
Saying it needs to tackle a surge in bankruptcy and litigation work, Brown Rudnick is shelving deferred start dates for 11 first-year associates. Under the plan, first reported by the Boston Business Journal, the firm will have the associates start on Sept. 14 instead of Nov. 30. “The good news is since we made that decision [to defer] we’ve become very busy and it certainly looks like that’s going to be sustained,” the firm’s CEO said. Last November, the firm laid off 20 lawyers, three paralegals and 20 staffers.
SEC Trots Out a New Weapon: Control Person Liability
The case against Nature’s Sunshine Products was the first action under
the Foreign Corrupt Practices Act in which the SEC charged individuals
under the Exchange Act’s control liability theory, according to Philip
Urofsky, a former federal prosecutor of FCPA claims who now is a
Shearman & Sterling partner. Urofsky, who recently issued a client
memorandum about the case, talked to The National Law Journal
about how the SEC’s interpretation broadens the scope of corporate
officers’ potential liability under the FCPA.
Tips to Drive Traffic to Your Web Site
You have poured dollars and time into creating an informative and client-friendly site. Now what? How do you drive traffic to your site? According to consultants Stacy West Clark and Jason P. Lisi, there are definite tricks of the trade, both online and off, that need to be applied.
3rd Circuit Appeal Challenges Judge’s Outside Research in Bench Trial
A federal appeals court has been asked to limit the right of judges to do their own research in bench trials, lest they be swayed by facts not before them. A federal magistrate no-caused a medical malpractice claim after consulting cases not cited by the parties that involved the type of injury at issue. The plaintiff, seeking en banc review of a 3rd Circuit ruling affirming the verdict, asks: Was the judge’s inquiry akin to jurors visiting an accident scene or doing Internet research in the middle of a trial?
Federal Circuit Limits Overseas Patent Liability
An en banc Federal Circuit ruling has narrowed the reach of U.S. patent laws covering companies’ overseas sales and production. The decision in the closely watched case determined that patents for methods or processes are not subject to patent infringement liability if the products are assembled and sold overseas. Patents for products are not exempt, however.