Now Winston has even more reason to be embarrassed by its former partner. Earlier today, Jonathan Bristol was both sued by the SEC, for aiding and abetting fraud, and arrested on federal criminal charges, for money laundering. The civil suit and criminal charges arose out of Bristol’s legal work for Kenneth Starr — no, not the former Whitewater independent counsel, but the money manager to the stars who stole money from his celebrity clients.
(Interestingly enough, Ken Starr the fraudster — he’s pleaded guilty, so no need for “alleged” here — is also a lawyer. He graduated from Brooklyn Law School.)
The indictment against Jonathan Bristol, brought by prosecutors in the Southern District of New York, has some juicy details. For example: How much did Bristol earn while at Winston?
Call it RICO not so suave. One of the nation’s biggest legal headhunting firms, Major, Lindsey & Africa, is withdrawing its RICO action against a former employee — after a federal judge offered a somewhat snarky assessment of the merits of MLA’s case.
As reported by Leigh Jones over at the National Law Journal, on Thursday attorneys for MLA submitted a notice of dismissal to Judge Colleen McMahon (S.D.N.Y.). The notice declared Major Lindsey’s intent to withdraw its claims against former Sharon Mahn, a former managing director at MLA, without prejudice, in order to bring such claims in arbitration and/or state court.
Perhaps MLA read the writing on the courtroom wall. The move to dismiss came after Judge McMahon ladled out some judicial sauce….
That was fast. The criminal case against 10 Russian spies, which has captured the national imagination since their arrests on June 27, has been resolved. The New York Times reports:
In a seeming flashback to the cold war, Russian and American officials traded prisoners in the bright sunlight on the tarmac of Vienna’s international airport on Friday, bringing to a quick end an episode that had threatened to disrupt relations between the countries.
Planes carrying 10 convicted Russian sleeper agents and 4 men accused by Moscow of spying for the West swooped into the Austrian capital, once a hub of clandestine East-West maneuvering, and the men and women were transferred, the Justice Department said. The planes soon took off again in a coda fitting of an espionage novel.
It was a very dramatic scene. For more details on the spy exchange, see the Times and also the Washington Post (which reported that the idea of a spy swap was first developed weeks ago by the Obama administration).
Let’s take a look at some of the legal angles to this story….
[D]efendants oppose the motion on the grounds that the plaintiffs have failed to specify what their job duties are, and so have not established that they and the other members of the proposed class are similarly situated. This is a ridiculous argument.
The Court has not spent her life under a toadstool — I know what waiters, busboys and bartenders do when they go to work.
We’ve done relatively little about the nomination of former judge Michael Mukasey to serve as attorney general. While the WSJ Law Blog was dredging up his third-grade book reports — okay, not quite, but some college newspaper articles that he may or may not have written — we didn’t have much. But now we’d like to atone for that, with a piece we just did for the New York Observer.
We speculate that Michael Mukasey might be in D.C. longer than he might expect, especially if his good friend Rudy Giuliani wins the presidency (and possibly even if fellow New Yorker Hillary Clinton does). We discuss how he might have come to be picked as AG, despite not being a D.C. denizen like Ted Olson, Laurence Silberman, or George Terwilliger:
Mr. Mukasey was simply more of a known quantity to the White House than the typical Beltway outsider. The White House staff includes three former assistant U.S. attorneys from Manhattan, as well as other ex-New York lawyers who regularly practiced before Mukasey as a judge. Among the New Yorkers at 1600 Pennsylvania Avenue, Mr. Mukasey enjoyed great respect, and was viewed as ideologically acceptable too, especially on war on terror issues.
The Honorable Richard Conway Casey, of the Southern District of New York, passed away yesterday. He was well-known for being the first blind person to be named a federal trial judge. (Appeals court judge David Tatel, of the D.C. Circuit, was the first blind federal judge.)
An amusing anecdote about Judge Casey, from the AP:
Judge Richard Conway Casey recalls the time he accidentally bumped into a courtroom wall at the beginning of a mob trial. Lawyers and spectators shifted uncomfortably – for just a moment.
“You’re fired!” Casey, 68, told his law clerk, who had accompanied him. “Bring back my guide dog!”
Yeah, we know: Attorney General Alberto Gonzales remains in office.* But his days are looking numbered. He’s received the kiss of death — a presidential expression of “confidence” — and even some Republicans are calling for his resignation.
So we have to ask:
If Alberto Gonzales steps (or gets pushed) aside, who should take his place as Attorney General?
We’re rooting for Shanetta Cutlar. But if she doesn’t get tapped, Andrew Cohen floats this interesting idea.
Right now, Patrick Fitzgerald is most well-known for his (successful) work on the Scooter Libby case. This may preclude his selection as AG, given the political hot potato that it turned into — and the embarrassment it caused for the Bush Administration.
But let’s not forget that, setting aside the Libby case, Fitzgerald has the background that one would normally seek in an Attorney General. He’s the U.S. Attorney for the Northern District of Illinois (Chicago), one of the nation’s most prestigious prosecutor’s offices, and he has some serious additional credentials.
After graduating from one of our nation’s finest high schools (shameless plug for our alma mater), Pat Fitzgerald went on to Amherst College and Harvard Law School. Before taking over as the U.S. Attorney for the Northern District, he was a line prosecutor in the legendary Southern District of New York. As an AUSA in the SDNY, he worked on some major prosecutions, including the trials of Omar Abdel Rahman and Ramzi Yousef. He has been praised for his work as U.S. Attorney in Chicago.
Thoughts? Nominating Fitzgerald as AG might be kinda crazy, but kinda brilliant. It would change the story line big time, in a way that the White House might welcome.
(Some other random names we’ve heard as possible AG candidates: former Deputy Attorney General James B. Comey; SEC Chairman Christopher Cox; and Judge Laurence H. Silberman, of the D.C. Circuit.)
* It’s a rainy Friday afternoon, not much is going on, and people aren’t paying attention to the news. If you’d like to step down, Mr. Attorney General, there are still several hours of prime resignation time available to you. The Case for Attorney General Patrick Fitzgerald [Washington Post / Bench Conference]
Listen up, Chief Justice Roberts! Here are two new arguments you can use to make the case for higher judicial pay.
1. From the Drudge Report:
According to Forbes, Judge Judy has a net worth of $95 million. She earns $25 million a year — over 100 times the Chief Justice’s salary. Random aside: Contrary to rumor, and despite their shared irascibility, Judge Judy Sheindlin (at left) and Judge Shira Scheindlin (S.D.N.Y.; at right) are NOT related. As you can see, their last names are spelled differently. Despite this difference, Judge Scheindlin of the Southern District regularly receives telephone calls from people in search of televised justice.
2. Because of his low pay, Justice Clarence Thomas has been reduced to eating at ESPN Sports Zone.
(Yes, we know, CT got a seven-figure advance for his memoirs. But when you enjoy Corvettes, luxury RVs, and fine cigars, the money goes fast.) Wonk’d: Barely Legal [Wonkette] The Richest 20 Women In Entertainment: Judith “Judge Judy” Sheindlin (#13) [Forbes]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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