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Atlantic Yards suit dismissed by federal judge
Law Center | 2007/06/07 07:46

A federal judge today dismissed a lawsuit against the $4 billion Atlantic Yards development in Brooklyn. The ruling, eagerly awaited for two months, is a major blow to opponents of the project, who plan to appeal. The lawsuit challenges the eminent domain condemnations that Atlantic Yards needs to proceed. Thirteen residents and businesses in the project’s footprint have refused to sell their apartments, buildings or long-term leases to Forest City Ratner Cos., which wants to build a 19,000-seat arena, a huge office and retail complex, and more than 6,000 apartments.

"Today's decision is an important victory not only for Atlantic Yards but for Brooklyn as well. This decision means we are one step closer to creating over 2,200 units of affordable housing, thousands of construction and office jobs and bringing the Nets to Brooklyn," said Bruce Ratner, president and CEO of Forest City Ratner Companies.

Their suit’s chances, say project opponents, are best if the case remains in federal court. That is why they say they will appeal the ruling issued today by Judge Nicholas Garaufis to the U.S. Court of Appeals for the 2nd Circuit.

“Part of the reason we have a better chance to win [there] is because the federal courts are much more familiar with constitutional issues and are less susceptible to political pressures,” said the plaintiffs’ attorney, Matthew Brinckerhoff days before the ruling.

A federal magistrate judge had recommended in February that the case belonged in state court. Judge Garaufis disagreed, but dismissed the case on its merits.

Another suit by opponents, challenging the process by which the state reviewed and approved the development, remains pending. But the eminent domain lawsuit was considered the greater threat to the project.

The crux of Mr. Brinckerhoff’s argument was that the condemnations do not have a primarily public purpose, as required by New York’s eminent domain law.



Virginia Tech Panel Taps Law Firm For Advice
Breaking Legal News | 2007/06/07 05:57

The panel created by Governor Tim Kaine to study the Virginia Tech shootings has hired an outside law firm for advice.

The international law firm Skadden, Arps, Slate, Meagher and Flom will work with the panel on a pro bono basis. The states' attorney general's office has been advising the panel, state police and Virginia Tech.

According to the panel's chairman Gerald Massengill, because of the independent nature of the panel, outside counsel was necessary to provide legal advice.

Governor Kaine created the panel in order to study the circumstances and responses surrounding the April 16 tragedy.



McCarter Taps Conn. Lawyer as Next Managing Partner
Attorneys in the News | 2007/06/07 05:54

McCarter & English has spent the past five years aggressively expanding its reach along the eastern seaboard, following a growth plan spearheaded by firm Chairman Andrew T. Berry and managing partner Lois M. Van Deusen from its central office in Newark, N.J.

Now the firm is expanding in a different manner. With Van Deusen retiring after 29 years at the firm, management reins for the first time are being handed to a non-Newark attorney. Partner Eric Watt Wiechmann, in the firm's Hartford, Conn., office, recently was named deputy managing partner. He is scheduled to replace Van Deusen on Oct. 1.

Wiechmann's rise to the top of the 416-lawyer firm began when he joined McCarter's executive committee immediately after he and Berry orchestrated the firm's 2003 acquisition of 30 lawyers from Stamford, Conn.-based Cummings & Lockwood, the firm for which Wiechmann served as managing partner in its Hartford office. Wiechmann was appointed to McCarter's compensation committee approximately six months later.

Last month, McCarter's executive committee voted Wiechmann to be Van Deusen's successor. Berry will remain as chairman, a position he's held since 1997. In that role, Berry is still able to devote roughly 80 percent of his time to his insurance litigation practice for well-known clients such as Johnson & Johnson and Bristol-Myers Squibb.

Wiechmann, who turns 59 this year, said he will temporarily suspend his products liability practice in order to manage the firm full time. He noted that he might return to active practice after his stint as managing partner, a term that lasts three years with the opportunity to serve longer, he said.

Though excited about guiding a firm in the midst of a growth spurt, Wiechmann said his desire to continue trying cases makes the move somewhat bittersweet. "You don't do something this long [33 years] for the money," Wiechmann said. "I've done it because I love being a trial lawyer."

Though Wiechmann will spend more time traveling to and from Newark and McCarter's seven other offices, Hartford will be his home base "for the time being," he said.

NEW MIND-SET

Van Deusen, who has worked for no other firm since her admission to the bar in 1978, became McCarter's first full-time managing partner in 2002 when she transitioned away from her active high-end real estate investment practice and her primary client, Prudential.

At that time, Van Deusen was "one of a small handful of women in the country who was managing partner of a law firm with more than 250 people," Berry said.

"She always conceived it would be her last job with the law firm. It was her choice [to retire], not ours," he noted. "[Managing partner] is a tough job, and she's done it well for five years."

Van Deusen, who spent five years as a grade school teacher before entering law school in the early 1970s, said she decided two years ago to retire at the end of the 2007 fiscal year. Though she has no definitive plans for retirement, outside of traveling, she said she will remain active as a board member for organizations such as the New Jersey Institute for Social Justice and Habitat for Humanity in Newark.

"I'm sure after this high-powered, stressful existence it will be a challenge to slow down," Van Deusen said.

Easing into retirement was no stroll into the sunset for Van Deusen. She took over as managing partner at a time when McCarter was on the verge of its growth spurt. As the firm redefined itself, attorneys were required to streamline their practice into a single discipline, or two complementing ones, rather than multiple practice areas, Van Deusen said. At the same time, McCarter's compensation structure became merit-based, and attorneys were broken of the mind-set that the firm's offices operated independently; instead, Van Deusen noted, practice groups began to cross over state lines as the firm expanded its reach.

McCarter acquired Boston-based Gadsby Hannah last June and now operates offices in Boston, Hartford, Stamford, New York, Newark, Philadelphia, Baltimore and Wilmington, Del. The changes "made us more modern and nimble," Van Deusen said. Washington, D.C., is the next likely market destination, Van Deusen indicated, before the firm sets its eyes westward.

The firm's expansion under Berry and Van Deusen created the right opportunity for McCarter to consider a managing partner who was located outside of New Jersey, Berry said.

"Our first managing partner had to be home-grown, so to speak, just for the emotional part of things," he noted.

Wiechmann said that under his management the firm will remain focused on expanding practice areas and markets. "We're always looking to grow," he noted, "but nothing has developed to the point that I can discuss it."



Former state senator forms new law firm
Legal Marketing | 2007/06/07 05:53

After 14 years in politics, former state Sen. Bill Morrow, R-Oceanside, is moving on from the Legislature -- but he's not moving very far from politics.

Morrow announced recently that he has partnered with a San Diego attorney to form a new law firm. It will specialize in political and government affairs, and will take on a wide range of legal cases, Morrow said.

"Wouldn't you know that wherever I landed, it would be in the middle of law and politics?" Morrow wrote in a recent e-mail to the North County Times. "That's just where I want to be."

Morrow, who practiced law before politics, joined with Peter Lepiscopo last month to form the new firm, with offices in San Diego and Sacramento.

The two became acquainted when Lepiscopo represented Morrow in a widely reported 2005 lawsuit to force the Carlsbad Unified School District to rescind its cancellation of a town-hall meeting on immigration on school property.

Morrow has a bachelor's degree in political science from UCLA and a law degree from Pepperdine University in Malibu. After law school, he joined the Marines, where he spent much of his time as the chief trial counsel at Camp Pendleton. He later practiced law in San Diego before running for the Assembly.

The former lawmaker, who left the Senate because of term limits, suffered a broken leg in a horseback riding accident in October, he said. He has recovered from his injury but still carries a cane with him, he said.

Speaking recently from his San Diego office, Morrow also said he was getting used to working without the help of a staff after 14 years in Sacramento. He is learning to use a computer and answer e-mails on his own, the 53-year-old former senator said.

"That has been an adjustment," he said. But the recovery after the injury "gave me time to learn how to use the computer and the Internet. I'm still learning, but I've come a long way."

The new law firm, called Lepiscopo and Morrow, LLP, will capitalize on Morrow's government experience, he said. Though state law prohibits the former senator from lobbying directly for one year after leaving office, Morrow said the firm may hire others to work as lobbyists.

Morrow said he doesn't plan to become a lobbyist himself, but said he may supervise others instead.

"It's not my desire to be a registered lobbyist," Morrow said. "There are certain requirements, and I'll be consistent with the law, but I don't want to be a lobbyist myself."

A self-described conservative lawmaker, Morrow worked to curtail "frivolous" lawsuits, counter illegal immigration, reduce state spending and fight new taxes. Morrow stirred controversy two years ago by aligning himself with anti-illegal immigrant groups, such as the Minutemen.

In 2005, Morrow attended a border-watch vigil held along the San Diego County portion of the U.S.-Mexico border by a Minuteman group based in Oceanside.

State Sen. Mark Wyland, R-Carlsbad, who won Morrow's seat, praised the former senator.

"He left a great conservative record as someone who believes in the free market, limited government, people taking personal responsibility and of being tough on crime," Wyland said.

Morrow said he has not ruled out running for public office again, although he said his options are limited.

"I've done my time. I've expressed my ambition of running for Congress," he said. But "I can read the tea leaves and I know that the people who are there are going to be there for a long time."

The conservative Republican lost a special election last year for the 50th Congressional District seat formerly held by the now-imprisoned Randy "Duke" Cunningham -- an election in which Morrow captured only 5.37 percent of the vote.

Fellow Republican Brian Bilbray won the election in a field of 14 Republican candidates. Bilbray then went on to beat Democratic opponent Francine Busby in a June runoff to replace Cunningham through the end of the year and won an election in November to fill the seat for a full term.

Jack Pitney, a political science professor at Claremont McKenna College, said Morrow's career path after the Legislature is not unusual. The law firm will allow him to wait while an seat opens or he can stay and influence policy through his work, he said.

"It can work either way, there are former legislators that go into lobbying and then come back to office -- Brian Bilbray comes to mind," Pitney said. "Or they can stay in lobbying and make a lot of money."

Morrow said part of what attracted him to legal work was his interest in constitutional law and conservative advocacy. One of his firm's clients is the Pacific Justice Institute, a nonprofit legal group that often advocates for religion to play a greater role in public life.

The institute is one of the leading proponents of keeping the Mount Soledad cross as part of the veterans war memorial in San Diego. In 1989, a City Heights resident sued the city, claiming that the 29-foot cross on city property violated the constitutional separation of church and state.

In August, President Bush signed federal legislation expropriating the cross and placing it in the hands of the Department of Defense as a national memorial. But the legal fight over the cross continues.

"As a state senator, I was involved in the political battle to save the cross," Morrow wrote in his e-mail. "As an attorney, I will be directly involved in the legal battle as well."

Jim McElroy, the attorney representing those opposing the cross, disagreed. He said Morrow's law firm represents an advocacy group that is not directly involved in the lawsuit and therefore has little influence on it. The lawsuit involves the federal government, the city of San Diego and his client, McElroy said.

"He's had no involvement to date, and I don't expect that he will have any involvement in the future," McElroy said.

-- Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.



Michael Scott Murder Conviction Overturned
Court Watch | 2007/06/07 04:48

Austin's most notorious killings, the Yogurt Shop murders, remain essentially unsolved. The Court of Criminal Appeals Wednesday morning overturned the conviction of Michael Scott, the only man still convicted for the 1991 Yogurt Shop murders. Amy Ayers, sisters Jennifer and Sarah Harbison and Eliza Thomas were all murdered in a North Austin yogurt shop 15 1/2 years ago on Dec. 6. The shop was then set on fire.

From the beginning, Scott, his family and attorneys have all insisted he is innocent. They say he had nothing to do with the murders. The court of appeals threw out his conviction, saying his right to a fair trial was violated.

In 2002, prosecutors used a videotaped statement from Scott's former friend, Robert Springsteen, to help convict him of murder. At the time Scott did not have an opportunity to challenge it in court.It was a decision the Court of Criminal Appeals now says violated Scott's constitutional rights to a fair trial.

"Because the statement was introduced without Springsteen being there, Scott never had a chance to cross examine the statement,” appellate defense attorney Ariel Payan said. “It was just introduced and there was nothing that could be done about it."

Scott's wife Jeannine has spent five years trying to set him free. "I'm thrilled that they really did look at this and decide there's something wrong with this case," Jeannine said. She says it's time police investigators focus their attention on someone else. "I would like them to find the actual perpetrators and stop wasting the county's and the city's money in this particular endeavor," she said.

State prosecutors admit this latest decision is a setback. They say they don't agree with the Appeals Court ruling.

"If in fact it stays as it is now, Michael Scott would be tried again, " assistant district attorney Bryan Case said.

But until the decision is declared final, Case says they will continue weighing all of their legal options. They could appeal the reversal to the U.S. Supreme Court, or take the case back to trial all over again.

Scott also insists his confession to police was coerced. He say he only agreed to it after several days of almost non-stop interrogation.



Cravath Represents IBM in its Acquistition of Watchfire
Law Firm News | 2007/06/06 12:01
Cravath represented IBM in its acquisition of Watchfire Corporation, a privately held security and compliance testing software company based in Waltham, Massachusetts. The lawyers involved in this matter are partner George F. Schoen and associates Margarita Melikjanian and Kai H. Liekefett on corporate matters; partner Andrew W. Needham and associate J. Leonard Teti on tax matters; and partner Eric W. Hilfers and associate Kerry Halpern-Skoglund on executive compensation and benefits matters. The deal was announced on June 6, 2007.

www.cravath.com


Final Suspected Terrorist Apprehended in Trinidad
International | 2007/06/06 10:15

PORT-OF-SPAIN, Trinidad, June 6, 2007 - Shouting "I am an innocent man, this is all a setup," Abdel Nur was taken to court here and formally charged with one count of conspiracy to commit a terrorist act against the United States government.

He was remanded and will reappear in court on June 11. He was unrepresented by an attorney and told Senior Magistrate Lianne Lee Kim in the Port-of-Spain Fourth Magistrates' Court that he was poor and could not afford an attorney. Attorney Dana Seetahal SC, appearing for the Crown said that because Nur was not a Trinidadian he was not entitled to public-funded defence but it was up to the discretion of the Magistrate, pointing out there was such a precedence.

Nur, who was born as Campton Eversley, is the last of the four suspects arrested for conspiring to blow up a pipeline that feeds jet fuel to the JFK International Airport. US District Attorney for the Eastern District of New York, Rosalyn R. Mauskopf has alleged that if the plan worked it would have caused untold damage. Other reports suggest that the pipeline was designed to shutdown when it detected heat and while some damage would occur it would not be on the same scale as what was feared by the authorities.

Two of the accused were arrested in Trinidad Saturday and another in New York Friday.

When his picture appeared in local newspapers neighbours in Diego Martin, in western Trinidad where he was staying approached him and urged him to turn himself in which he did just before noon Tuesday.

US court documents allege that Nur went to Trinidad to seek help from the radical Islamic Jamaat al Muslimeen to plan the attack in detail however leader of the sect, Yasin Abu Bakr, has strenuously denied involvement and distanced himself from the alleged plotters.

Abdul Kadir, a citizen of Guyana and former opposition member of parliament as a member of the Opposition People's National Congress Reform (PNCR), and Kareem Ibrahim, a citizen of Trinidad and Tobago, were formally charged Monday here when they appeared in court. They will return to court June 11 for a bail hearing while extradition proceedings have been set for August 2. Their attorneys say they will fight extradition all the way to the British Privy Council.

The men have proclaimed their innocence and like Nur say that they are being set up.

In a statement released by their families, they claim that they were the victims of a campaign by the US Republican Party of President George W. Bush aimed at bolstering its standing in the 2008 presidential election by sowing fear about terrorism.

"Unfortunately, innocent persons with no connection whatsoever to the political and military disputes between the United States and the Middle East ... have been used as pawns in an international game of subterfuge."

The alleged plot has been in the making since 2006, the US District Attorney has asserted presenting selections of recorded conversations in which the men alleged plotted to blow up the airport and a section of Queens.

American investigators from the FBI are expected in Trinidad and Tobago to question the suspects in the hope of uncovering whether there are other conspirators.

Up to the time of the arrests, nearly a year and a half after the alleged plot started, the quartet was still at an "aspirational" rather than operational stage. They did not have the means (money, explosives, bomb making skill and expertise, or a detailed plan) to put the plot into action



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