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Supreme Court considering changing lawyer ad rules
Legal Business | 2010/01/06 02:51

The state Supreme Court is considering changing Indiana's rules governing advertising by attorneys.

State Trial Court Services Director Tom Carusillo says many of the proposed changes are designed to clarify the rules' language or update the rules to fit modern communications technologies such as the Internet.

He says one proposed change would broaden a rule to allow more attorneys to advertise as specialists if they are certified in a particular field of law.

The Supreme Court's rules committee will be accepting comments on the proposed changes from judges, lawyers and the public until March 1.



Campaign finance law: Third time a charm?
Legal Business | 2010/01/03 07:10

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.



Fla. gov: No reason to refuse lawyer's donations
Legal Business | 2009/12/28 03:34
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.



Indian reservation cigarettes under fire in NY
Legal Business | 2009/12/11 09:12

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."



FEC fines Fieger firm over campaign donations
Legal Business | 2009/11/20 06:45

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.



FBI says hackers targeting law firms, PR companies
Legal Business | 2009/11/18 03:24

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.



CAPITAL CULTURE: Sotomayor adds celebrity to court
Legal Business | 2009/11/17 03:32

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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