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Enron class-action firm bills for 247,000 hours
Law Firm Press Release | 2008/03/05 12:11
pA lawyer who helped reap a US$7.2-billion settlement for Enron investors says his firm deserves a record US$700-million in fees, due to the complexity and risky nature of the case./ppThis is an extraordinary case and we did an extraordinary job, Patrick Coughlin, a partner with Coughlin Stoia Geller Rudman amp; Robbins LLP, the lead attorneys in the case, told a hearing in U.S. District Court in Houston./ppThe firm's founder, William Lerach, retired in August. He pleaded guilty to kickback scheme at his former law firm, but still stands to receive a multi-million-dollar payout from the Enron case./ppCoughlin Stoia is seeking about 9.5% of the total settlement amount, which would equal nearly US$700-million./ppMr. Coughlin presented his case in an elaborate multimedia presentation to U.S. District Judge Melinda Harmon, who now must approve the fee award. The presentation included testimonials from former Enron employees and a clip from the Oscar-nominated legal thriller Michael Clayton./ppOver the course of the case that lasted six years, Mr. Coughlin said his firm billed 247,000 hours, took 400 depositions and submitted 5,700 filings./ppWe didn't leave any avenue unturned, he said./ppStill, other attorneys took issue with the size of the award, arguing that more should go to investors./ppClass counsel has not proved the legitimacy of this fee request, Larry Schonbrun, who represents a single investor in the case, told the court./ppThe settlement was paid by banks including Citigroup Inc. that are accused of helping the energy trader hide financial misdeeds that led to its collapse. The settlement still lacks final approval from Judge Harmon./ppRecently, a group of plaintiffs firms sought about US$460-million in fees following settlements in a securities fraud case against Tyco International Ltd./ppClose/p


California Supreme Court in gay marriage storm
Legal Blog News | 2008/03/05 12:10
A lawyer for gay married couples argued Wednesday that a law that denies them a host of federal benefits given to heterosexual couples amounts to "across-the-board disrespect" and should be struck down as unconstitutional.

The 1996 federal Defense of Marriage Act, which defines marriage as a union between a man and a woman, is being challenged in two cases before the 1st U.S. Circuit Court of Appeals. The law also prevents the federal government from recognizing same-sex marriages.

In arguments to the court, Paul Clement, a lawyer for the Bipartisan Legal Advisory Group, defended the law, saying Congress had a rational basis for passing the law known as DOMA in 1996, when it appeared Hawaii would become the first state in the nation to legalize gay marriage and opponents worried that other states would be forced to recognize such marriages.

Clement said Congress wanted to preserve a traditional and uniform definition of marriage. He also argued that Congress has the power to define the terms used in federal statutes to distribute federal benefits.



Ex-Westar execs want charges dismissed
Law & Court News | 2008/03/05 11:27
pA federal appeals court has dealt a fatal blow to the prosecution's case against two former Westar Energy Inc. executives, and long-standing criminal charges against the two men should be dismissed, attorneys argued in motions filed Wednesday. /ppThe Tenth Circuit's January 2007 decision dramatically changed the landscape of the government's case, defense attorneys for former Westar Executive Vice President Douglas Lake said in their motion to dismiss. Patrick McInerney of Husch Blackwell Sanders LLP represents Lake. /ppDavid Wittig, former chairman of Topeka-based Westar (NYSE: WR), signed on with Lake's motion in U.S. District Court in Kansas, which argues that none of the 40 counts against the executives can stand after the appeals court's rejection of guilty verdicts on 24 of the counts. /ppThe first trial of Wittig and Lake ended in a mistrial in December 2004 after the jury couldn't agree on a verdict in the complex, 40-count trial. /p


Swiss Bank Drops Wikileaks Lawsuit
Topics in Legal News | 2008/03/05 10:02
A Swiss bank quietly dropped its lawsuit against renegade Web site Wikileaks.org on Wednesday, days after a judge reversed his order to disable the site for posting confidential bank documents.pIn court papers, Bank Julius Baer didn't give a reason for dropping the suit and reserved the right to refile it later. Bank lawyer William Briggs didn't return a telephone call seeking comment./ppLast month, U.S. District Judge Jeffrey White ordered the Web site shut down after Bank Julius Baer sued Wikileaks and the San Mateo company Dynadot. The bank argued it was trying to halt the unlawful dissemination of stolen bank records and personal account information of its customers./ppDynadot, which provided the site's U.S. domain name, agreed to disable Wikileaks in exchange for the bank removing it from the lawsuit./ppThe judge's order, however, backfired for Bank Julius Baer because it only led to bank's information being spread further across the Internet. Several other Web sites posted the same material out of solidarity with Wikileaks, and Wikileaks posted the documents on mirror Web sites it owns outside the U.S./ppAfter enduring criticism from free speech advocates and media organizations, including The Associated Press, White reversed himself on Friday and ruled the Web site could reopen and continue to post the documents until the lawsuit was resolved./ppWikileaks, which bills itself as an activist organization that urges the posting of leaked government and corporate documents to expose corruption, wasn't represented at that hearing. White, however, said he agreed with the dozen lawyers representing the critics that his initial ruling probably violated free speech laws./ppThe Wikileaks site claims to have posted 1.2 million leaked government and corporate documents that it says expose unethical behavior, including a 2003 operation manual for the U.S. prison at Guantanamo Bay, Cuba./p


Judge Wants Shipwreck Evidence Worked On
Top Court Watch | 2008/03/05 10:01
A judge wants Florida shipwreck explorers and the Spanish government to settle their differences over sharing evidence related to an estimated $500 million in treasure the company recovered last year.pIn Tampa, U.S. Magistrate Judge Mark Pizzo told lawyers for Odyssey Marine Exploration and Spain to agree by Friday _ or he will be forced to intervene./ppSpain believes it has a claim to the 17 tons of colonial-era coins Odyssey raised from an Atlantic Ocean shipwreck. But Odyssey has kept most details of the find secret to protect the site from competitors./ppThe two sides bickered in a hearing Wednesday over whether Tampa-based Odyssey has handed over sufficient information about the wreck site and treasure for Spain to determine the extent of a possible claim./p


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