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FEC picks Reno lawyer as vice chairman
Legal Careers News | 2008/07/11 09:45
Republican election lawyer Donald McGahn was named chairman of a newly seated Federal Election Commission Thursday, taking the helm of the regulatory agency on his first day on the job.

The FEC convened for the first time in more than six months, a period of inactivity caused by a confirmation standoff in the Senate.

With four of six commissioners new to their jobs, the FEC faces a backlog of work that has accumulated during an election year marked by a hard-fought and financially record-breaking presidential campaign.

Among the top issues the FEC must sort through are a Supreme Court decision invalidating a campaign finance law that governs congressional contests involving wealthy candidates who spend large sums of their own money. It also is behind schedule in writing rules addressing candidate air travel as well as new rules on lobbyist fundraisers.

McGahn, general counsel to the National Republican Congressional Committee since 1999, also represented former House Majority Leader Tom DeLay, R-Texas, on a number of federal campaign finance related matters. DeLay is awaiting trial in Texas on unrelated state campaign finance charges.

Watchdog groups such as Common Cause opposed McGahn's nomination, citing his association with DeLay.

But McGahn also had support from Democrats, including campaign election lawyer Robert Bauer, who is counseling Barack Obama's presidential campaign.



Virginia's method of lethal injection upheld
Court Watch | 2008/07/11 09:37
A federal appeals court on Thursday upheld Virginia's method of executing inmates by lethal injection, ruling that it prevents them from experiencing excruciating pain.

In a 2-1 decision, a panel of the 4th U.S. Circuit Court of Appeals rejected condemned inmate Christopher Scott Emmett's argument that Virginia's procedure was unconstitutional.

Emmett's lawyers claimed the procedure risks substantial harm because it does not allow for a second dose of anesthesia to make sure an inmate is unconscious before paralyzing and heart-stopping drugs are injected.

The appeals court said there is no evidence that the first dose of anesthesia has ever failed to render an inmate unconscious.

The ruling came on the day another Virginia inmate — Kent Jermaine Jackson — was executed by lethal injection for killing his 79-year-old neighbor. The 26-year-old Jackson, sentenced to death for the 2000 killing of Beulah Mae Kaiser, was pronounced dead at 9:18 p.m.

Emmett is scheduled to be executed July 24 for the 2001 bludgeoning death of a co-worker in Danville.

The appeals court said Virginia's protocol for administering the three-drug concoction is "largely identical" to that of Kentucky, which was upheld by the U.S. Supreme Court in April.



Court tosses White House appeal on visitor logs
Political and Legal | 2008/07/11 06:34
A federal appeals court on Friday set back the White House's efforts to keep the names of its visitors secret.

The three-member panel of judges threw out the government's appeal in the case in which a watchdog group is trying to find out how often prominent religious conservatives visited the White House and Vice President Dick Cheney's residence.

Despite the ruling against the White House, the decision does not necessarily mean that visitor logs will be subject to public disclosure.

The White House can still raise a variety of legal arguments in an attempt to keep the identities of White House visitors secret.

But appeals court Judge David Tatel said the document request from the private group is narrowly drawn and can be processed.

The document request from Citizens for Responsibility and Ethics in Washington would not require the president, Cheney or their staffs to sort through mountains of files, said Tatel.



Metro Atlanta Law Firm Expands Website
Legal Marketing | 2008/07/11 05:38
Smith, Welch &a Brittain, LLP, Attorneys at Law recently redesigned and expanded its website www.swblawfirm.com to include concise legal information on subjects such as automobile accidents (car wrecks), personal injury claims, divorce, mediation, child custody, zoning, and other matters of general legal interest. The information can be found in a growing library of informative articles written by Smith, Welch & Brittain attorneys who attest to the documents' accuracy and relevance. No subscription is required to access the information and articles can be searched by subject, downloaded, printed and e-mailed to others directly from the site.

Senior Partner Mark Brittain said that posting free, easy-to-access information on the firm's website allows the public to research potential problems and determine whether their issues require further legal assistance.

SWB attorney and partner John P. Webb, who authored several of the articles posted said, "Our firm's commitment to providing quality legal services to this area is not exclusive to clients who sign a legal agreement with us; this expanded website extends our assistance to all areas of our firm, including the website and media departments."

The site also contains detailed information about the firm's services, its attorneys and its practice areas. There is also an online form to facilitate secure submission of title requests.

Webb said that the enhanced design is viewer-friendly and easy to use, with no heavy graphics that take extra time to download, and no commercial content. Said Webb, "Web viewers will be pleased with this new legal resource as close and convenient as their computer keyboards."

About Smith, Welch & Brittain, LLP

Smith, Welch & Brittain, LLP is a full service law firm established in 1898. The firm operates offices at four locations in metro Atlanta -- McDonough, Stockbridge, Jackson and Barnesville - and employs approximately 100 attorneys and support staff.


Investment firms don't draw emergency loans
Business | 2008/07/11 03:42
In a sign of some improvement in the credit crisis, Wall Street firms for the first time didn't borrow from the Federal Reserve's emergency lending program and commercial banks also scaled back.

Investment firms didn't draw such loans for the week ending July 9. They borrowed just $1.7 billion in the previous week ending July 2, down from $6.1 billion in the week before that. Such borrowing rose as high as $38.1 billion in early April.

The Fed opened its emergency program to investment firms on March 17.

At that time, the investment houses were given similar loan privileges as commercial banks after a run on Bear Stearns pushed the nation's fifth-largest investment bank to the brink of bankruptcy. The situation raised fears that other Wall Street firms might be in jeopardy. Bear Stearns was eventually taken over by JPMorgan Chase in a deal that involved the Fed's financial backing.

Banks, meanwhile, averaged $12.9 billion in daily borrowing over the past week. That compared with $14.9 billion in the previous week.

The identities of commercial banks and investment houses are not released.

In the broadest use of the central bank's lending power since the 1930s, the Fed in March scrambled to avert a market meltdown by giving investment houses a place to go for emergency overnight loans. The program will continue for at least six months. Commercial banks and investment companies now pay 2.25 percent in interest for the loans.

Separately, as part of efforts to relieve credit strains, the Fed auctioned $21.3 billion in Treasury securities to investment companies Thursday.

The auction drew bids for less than the $25 billion the Fed was making available, which was viewed as possible sign of some improvements in credit conditions.

In exchange for the 28-day loans of Treasury securities, bidding companies can put up as collateral more risky investments. These include certain mortgage-backed securities and bonds secured by federally guaranteed student loans.

The auction program, which began March 27, is intended to make investment companies more inclined to lend to each other. A second goal is providing relief to the distressed market for mortgage-linked securities and for student loans.



Ohio plans first execution since moratorium
Breaking Legal News | 2008/07/11 03:35
Ohio is planning its first execution since a U.S. Supreme Court decision ended a national pause on killing inmates.

The Ohio Supreme Court on Friday set an execution date of Oct. 14 for Richard Cooey, who was convicted of raping and murdering two University of Akron students in 1986.

Executions had been put on hold nationally for several months until the U.S. Supreme Court decided in April to allow Kentucky's lethal injection process, which is similar to the one used in Ohio. Opponents argued the procedure is unconstitutionally cruel.



McLaren to pay court costs to Ferrari after spying
International | 2008/07/11 02:36
The McLaren team settled its legal dispute with Ferrari on Friday, agreeing to pay the Italian team's court costs from the Formula One spying scandal.

McLaren apologized last December after Ferrari data and documents were found at its chief designer's home, resulting in a $100 million fine for McLaren and disqualification from the 2007 constructors championship.

McLaren said Friday that both sides had agred to bring the dispute to a final conclusion. The exact terms of the deal were not released, but Ferrari said it would donate the payment from McLaren to charity.

The Italian team said it would continue to pursue its case against former Ferrari mechanic Nigel Stepney. Stepney was head of performance development at Ferrari in July 2007 when the scandal broke after a 780-page technical dossier on Ferrari cars was found at the home of McLaren chief designer Mike Coughlan.

Stepney and Coughlan were later fired by their teams.



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