Tuesday, October 27, 2009

Blood Target

(From The Village Voice)

On August 25, Lonnie Jones, 42, came home from fertilizing and aerating lawns for the retirees in the sleepy Florida coastal town where he's hiding out. There was a call from his lawyer waiting for him.

Jones learned that Court of Claims Judge S. Michael Nadel had ruled that the State of New York must pay him $1,798,691 for the five and a half years he spent locked up in the Elmira, Clinton, and Downstate correctional facilities for a crime he did not commit.

Since his release from prison in 2007, Jones has been up to New York City only twice: Once, he flew up for a few hours to sort out a revoked driver's license, and then he returned a year ago to testify in his lawsuit against the State. But after the few days that the trial lasted, Jones immediately boarded a flight back to Florida.

Jones avoids New York—where he was born and raised, and where his mother and a daughter still live—because of a man named Willie Hayward, who was in his mid-thirties when he was gunned down on July 2, 2001, at the Sea Park housing complex in Coney Island. Hayward had been the leader of the Brooklyn chapter of the Sex Money Murder Bloods gang. After Jones was arrested for the murder, the gang put a $20,000 contract on his head.

Lawyers from one of the city's top-tier law firms, working for free, eventually helped Jones prove his innocence and then win nearly $2 million, the third highest judgment for wrongful imprisonment in New York State history.

But the Bloods don't care. The head of Lonnie Jones is still worth $20,000 in Coney Island. Which is why, after serving five and a half years for a murder he didn't commit, Jones is still not truly free, as he lives and works and lays low in Florida.

Continue reading here: http://bit.ly/rFzB1

Friday, September 11, 2009

Idaho Farmers, Holland & Hart Prevail in Herbicide Case Against Government, DuPont

(From The American Lawyer)

A federal jury in Idaho has ruled in favor of four farmers who claimed their crops were destroyed by the Bureau of Land Management's use of a powerful herbicide. After a 17-week trial, jurors in the U.S. district court in Boise ruled that the government and the manufacturer of the herbicide must pay $17.8 million to cover the growers' losses.

At issue in the case was the bureau's decision to use Oust, an herbicide manufactured by E.I. DuPont, to kill off brush growth and prevent wildfires on government-owned land. But, the jury ruled, the government should have known that the herbicide it used, sprayed on fields by helicopter, would be caught by the wind and blown to adjacent farm land, causing the barley, wheat, potatoes, and beets grown on Idaho fields to wither or die. Worse, the government sprayed Oust repeatedly over the course of many growing seasons, between 2000 and 2004, causing the farmland to lie fallow for extended periods. (The suit was originally filed in 2002.)

Continue reading here: http://snurl.com/rrcwu

Ordinary Injustice: America's Judicial System Gone Awry

(From The American Lawyer)

Lazy or overwhelmed public defenders. Wrongful convictions. Abuse of power. Amy Bach, a former staff reporter for The American Lawyer and a Stanford law school graduate, discusses it all in her new book, Ordinary Injustice: How America Holds Court (Henry Holt, September 2009). After spending seven years in criminal courts in Georgia, New York, Illinois, and Mississippi, she chronicles a judicial system that fails not only those most in need, but society at large.


Where did the idea for Ordinary Injustice come from?

Before I went to law school I had a [Soros Justice Media] fellowship to write about civil rights. In courtrooms, I was seeing injustice everywhere. And no one was telling these stories.

Continue reading here: http://snurl.com/rocyp

Debevoise on $500 Million AIG Sale, Skadden Joins In

(From The American Lawyer)

To repay loans to the federal government, taxpayer-supported AIG has sold off another piece of its business--this time to the son of a billionaire in Hong Kong.

The insurer announced over the weekend that it had reached an agreement to sell its external fund management business, called AIG Investments, to Pacific Century Group for $500 million in cash and other considerations, including future interest payments from the managed funds.

Continue reading here: http://snurl.com/rocrd

Monday, August 3, 2009

Dan Rather's Fraud Claim Against CBS Reinstated

From The Am Law Litigation Daily.

Dan Rather won a procedural victory Tuesday in his $70 million suit against his former employer, CBS, when a New York State Supreme Court judge reinstated a fraud claim he had previously dismissed on technical grounds. CBS's lawyers from Weil, Gotshal & Manges, however, say the ruling is not significant.

Continue reading here: http://bit.ly/2g5M1s

Off the Clock: Breaking Away

After training together for a year, three Hogan & Hartson partners take on the Tour de France's most difficult stage just days before the pros took to the course.

The American Lawyer

By Matt Straquadine

July 24, 2009

Pack Leading Lawyers: Warren Gorrell, Stephen Immelt, and Dennis Tracey.

On the Clock:
Gorrell, 55, is chairman of Hogan & Hartson. Immelt, 57, is a partner in Hogan's Baltimore office doing enforcement litigation for health care companies; Tracey, 53, is the managing partner of Hogan's U.S. offices.

Off the Clock: Rabid cyclists.

First Clipped In: Gorrell began cycling a year ago, Immelt has been riding his bike seriously for three years, and Tracey has been an avid cyclist for five years.

The Tour de France is a punishing athletic competition spread out over 21 stages, but for cycling enthusiasts one stage stands out as a sure appointment with agony: the Montélimar to Mont Ventoux stage.

The grueling hill climb stage, the race's penultimate leg, is 104 miles long. It requires riders to ascend more than 21,600 feet before crossing the finish line at the summit of Mont Ventoux, the highest point in Provence. How brutal is this particular stage, often the deciding one in the race? One cyclist actually died of dehydration climbing Ventoux in 1967. (Alberto Contador, Andy Schleck, Lance Armstrong and the rest of this year's Tour competitors tackle the hill Saturday.)

So what made Hogan & Hartson chairman Warren Gorrell and partners Stephen Immelt and Dennis Tracey decide to attempt the arduous ride just five days before the pros took it on?

(continue reading here: http://bit.ly/kSXl1)

Monday, March 23, 2009

Détente, This is Not


On March 20, 2009, Russia announced that it has reached an agreement to build new military bases in Abkhazia and South Ossetia, the breakaway regions that split from Georgia after a brief war last August.

According to Kremlin watchers, this move signaled that Russia’s increasingly hardnosed foreign policy is likely to continue, especially in regards to its unilateral support for separatist regions of Abkhazia and South Ossetia. Georgia still claims sovereignty over both, and so far Russia and Nicaragua have been the only countries to recognize the two as autonomous regions.

“The reality is that these regions are lost to Georgia for a long time,” says Dr. Lincoln Mitchell, a professor at the School of International Affairs at Columbia University and an expert on the region. “Maybe not forever, but a long time.”

This is because Georgia cannot retake the regions militarily unless it receives help from allies, which is unlikely, analysts say. What’s more, pressure on Russia from Georgia’s allies in the west to withdraw soldiers that have remained in the breakaway regions since the August war has been largely ignored.

“What Russia is doing [by holding troops within Georgian borders] is a violation of international law,” says Stephen Pifer, a visiting fellow at the Brookings Institute and ambassador to the Ukraine during the Clinton administration. “Georgia’s position is supported around the world, but it’s unlikely that Russia will withdraw from these regions anytime soon.”

The war between Georgia and Russia began the evening of August 7, 2008, when Georgia responded to Russian provocations in South Ossetia by shelling the capital of the province, Tskhinvali. Russia responded by pouring troops over its southern border and into Georgia, claiming that it was acting to protect its citizens in the region. Russian troops stopped just 25 miles short of Tbilisi, the capital city, when French President Nicolas Sarkozy managed to negotiate a ceasefire on August 12.

Foreign policy experts generally agree that Russia’s goading of the weaker Georgian force was intended to send a message.

“The Russians were saying [to western powers that] if you want to play in this part of the world, you’re going to pay,” says Mr. Mitchell. This is because Georgia had recently been a darling of the west, attracting praise for the transparency of its government, and foreign investment to its liberalized economy. Georgian president Mikheil Saakashvili also made no secret of his hope that his country might soon be allowed to join the EU and NATO.

The idea of having a NATO member on its border never sat well with Russian president-turned-prime-minister Vladamir Putin. Putin’s rise to power is often attributed to his promise to bring Russia “up from its knees,” meaning out from under the collective thumb of the United States and the European Union. The attitude translated into a more assertive foreign policy for the country, and, excepting Russia’s windfall of oil money, has been most responsible for Putin’s consistently high poll numbers.

“There is a narrative in Russia that has become widely accepted, that the United States and the west took advantage of Russia, that we tried to keep the country weak after the collapse of the Soviet Union,” says Mr. Pifer. Lately Russia has seemed intent on reasserting itself as a world power.

As for the likelihood of future violence as a result of Russian forays beyond its own borders, it would seem that the economy, rather than diplomacy, will be the determining factor. Russian officials initially denied that the world banking crisis would have an effect on their country. Now the rouble is in freefall and it is predicted that the Russian economy will contract between 5% and 10% this year. This will especially pinch after eight solid years of growth. Russia might now become more hawkish, to convince citizens that their country continues to grow in power, or it may focus inward, attempting to repair its tattered economy. The answer is unclear.

One topic that western and Russian diplomats have been able to agree on is anti-proliferation. Earlier this month secretary of state Hillary Clinton agreed to a restoration of NATO-Russian relations (severed after the Georgian-Russian war) to discuss a replacement for the strategic arms reduction treaty set to expire in December. That treaty, called START-1, was intended to reduce nuclear stockpiles in each country to around 2,000 warheads apiece, and has been deemed a success. President Obama has set “getting to zero” as the guiding principle of his nuclear policy, and both sides now agree that they are ready for further reductions. This is a sign that Russia may be ready to again speak civilly with the west, analysts say.

“Russia does have a real interest in this issue, and it may lead to reengagement” says Mr. Pifer. “But ultimately we must find a way to return to a place where the Kremlin asks, ‘will this damage our relationship with Washington?’ before they take drastic action.”