Child pornography

If they hanged Joe Paterno from a tree and gave little boys a bat and said “whack that man like a piñata,” it probably wouldn’t hurt as much as what’s actually about to happen to JoePa.

Because while the former head coach of the Penn State football team has escaped criminal penalty in the Jerry Sandusky scandal, civil liability will be a whole different ballgame.

Penn State is going to be hit with so many civil suits over this mess that the only mirth in Happy Valley will belong to the lawyers. The only people who should be standing on Paterno’s lawn are attorneys on retainer. Things are going to get so ugly for the old football coach — and everybody on his staff, and pretty much every university official — than he can’t possibly fully appreciate it. I just hope he’s more prepared for his depositions than his press conferences.

Obviously, we don’t yet have all the facts. But just looking at the Grand Jury report should tell you that civil actions are coming….

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To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.

– Professor Douglas Berman, commenting on the case of Daniel Enrique Guevara Vilca, a 26-year-old who was just sentenced to life in prison without the possibility of parole for child pornography possession.

(The reaction of Paul G. Cassell, former federal judge and victims’ rights expert, after the jump.)

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Stop sexually harassing me.

* Now trending on the Election 2012 campaign trail for Republicans: attacks on the federal court system. Be prepared for SCOTUS term limits and other ridiculous propositions. [New York Times]

* After some bratty behavior from MGA Entertainment, Orrick was allowed to withdraw as counsel. Maybe they’re using the unpaid $3.85M in legal fees to buy noses for their dolls. [WSJ Law Blog]

* Paul Ceglia’s latest lawyer, Dean Boylan, is used to working with fabricated evidence. He was just ordered to pay $300K in damages for creating some fake kiddie porn. [Bloomberg]

* Cate Edwards got married this weekend. Was daddy sporting another $400 haircut when he walked her down the aisle? [Hollywood Reporter]

* Who wins the prize for being the number one deadbeat taxpayer in New York’s Upper West Side? A lawyer with $1.2M in tax liens, that’s who. [New York Post]

* “It would be better if you didn’t wear any underwear to work.” The trials and tribulations of being a female bartender in Manhattan, now brought to you in lawsuit form. [New York Daily News]

* It took SCOTUS more than four hours to write one sentence. But oh, to be a fly on the wall last night when they decided to deny a stay of execution for Troy Davis. [New York Times]

* AT&T wants to take the DOJ’s antitrust case to trial. This must be some sort of a joke, but the only punchline I can think of is the company’s crappy wireless network. [Bloomberg]

* Court-clogger or pocket-stuffer: Andrew Cuomo is debating signing a bill that could put more money into the hands of class action attorneys. [Thomson Reuters News & Insight]

* GW Law ex-adjunct Richard Lieberman was disbarred this week. What is with all of these lawyers who try to seduce minors online? Such a weird casualty of this profession. [National Law Journal]

* Because Chanel No. 399 just doesn’t sound as classy as Chanel No. 5, the company has filed a massive trademark infringement lawsuit against nearly 400 defendants. [ABC News]

* Memo to our readers: You know our exploding car thing was just a caption contest, right? We weren’t anticipating a real life lawyer car bombing. [Forbes]

* “The road to this day has been long”… and hard. That’s what he said. Don’t Ask Don’t Tell has finally been put to bed, and the next logical step would be to ditch DOMA. [PostPartisan / Washington Post]

* “Citizens United has been good for gay rights.” Well, at least it’s been good for something. Are we allowed to like the ruling in this case now? Bueller? Bueller? No? Okay, just checking. [New York Times]

* And another one gone, another judge bites the dust. $43K wasn’t enough to keep Justice Joseph Covello on the bench. How many more will it take to get a decent raise? [New York Law Journal]

* The First Circuit turned it around on Joel Tenenbaum, reinstating a $675K judgment against him. Charles Nesson couldn’t comment on the decision because he was crying. [Boston Globe]

* Ten-year sentence edition: Samuel Logan’s dad wishes he was still a judge on the Tenth Circuit so he could benchslap the sh*t out of his son for trying to seduce a 14-year-old. [Kansas City Star]

* John Banzhaf continues to fight for coeds’ right to party at Catholic University, but it’s not looking good because it’s hard to immaculately conceive when boys live in the same dorm. [WSJ Law Blog]

We’ve done a million Brady blogs. Every one of them, we try to put a different spin on why he’s the best. For this, the pictures we had, that was the spin.

— Blogger David Portnoy of Barstool Sports commenting on a visit from the police after he posted a naked picture of New England Patriots quarterback Tom Brady’s child on his website.

(Before police arrived, Portnoy received — and ignored — a cease-and-desist letter from none other than supermodel Gisele Bundchen, the child’s mother. Apparently the “spin” here was a comment made in reference to the size of the child’s genitalia, comparing it to that of Brady. The picture has since been removed. Stay classy, Boston.)

Morning Docket: 08.05.11

* A jury found Warren Jeffs guilty of sexual assault, confirming that just because there’s grass on the field, it doesn’t mean that you should play ball. [CNN]

* John H. Ray III finally sued Ropes & Gray for treating him like the “token black associate.” That’s only funny on an episode of South Park. [Am Law Daily]

* Evidence in Shaquille O’Neal’s civil racketeering lawsuit has been sealed. Kazaam might have an attitude, but there’s no way he’d ever frame someone for child porn. [South Florida Sun-Sentinel]

* No wire hangers rent-controlled apartments ever! Faye Dunaway: “Can’t evict me, ‘cause I f**cking quit this place. I hope you have a terrible life.” [New York Times]

* Lil Wayne might have some trouble making ladies’ beds rock after being served with this $15M copyright infringement lawsuit. [The Juice / Billboard]

* Christian Louboutin won a small victory against Yves Saint Laurent in court. Maybe soon YSL will be as red with embarrassment as the soles the fashion house tried to copy. [Styleite]

Morning Docket: 08.04.11

Best un-Photoshopped picture ever?

* Dreamboard is a pretty sick concept for a child porn website, but pedophiles are pretty sick people. At least we busted most of them. [CNN]

* The reports of a possible settlement in the Robert Wone case turned out to be true. Too bad we’ll never know the terms of the deal. [Blog of Legal Times]

* Casey Anthony doesn’t have to return to Orlando because it’s about as dangerous for her to be there as it was for a toddler to be in her home. [People]

* As it turns out, a lawyer was behind the largest Ponzi scheme in the history of Arkansas. I guess that’s an accomplishment he can stick on his résumé. [Arkansas News]

* Sorry, Faye, but sometimes washed up movie stars get threatened with eviction. Even if their rent-controlled apartments are “really quite gross.” [Reuters]

* Thanks to a January incident at Osgoode Hall Law School, SlutWalk is coming to San Francisco. Say it loud, we’re sluts and we’re proud! [Huffington Post]

Edward De Sear

On Friday we brought you the story of Edward De Sear, a former partner at several top law firms who now faces a charge of child pornography distribution. De Sear — a graduate of Columbia and UVA Law, who is now one of the nation’s leading capital-markets lawyers — has been a partner at Allen & Overy, Bingham McCutchen, McKee Nelson, Orrick, and Milbank Tweed. As we mentioned in our prior post, the charges against De Sear came as a shock to fellow New York lawyers and to neighbors of his in Saddle River, New Jersey (my hometown — I can walk to De Sear’s place from my parents’ house).

After our story appeared, a former colleague of Ed De Sear came forward, to share some recollections. “I’m completely stunned,” said this attorney.

What could our source recall about De Sear?

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Edward De Sear

I grew up in the town of Saddle River, New Jersey, a suburb about 40 minutes outside of New York City. With its wooded rolling landscape and small-town charm, Saddle River is a pleasant place to live. Large houses, a mix of stately older homes and well-executed McMansions, sit on sizable plots of land, thanks to two-acre zoning.

It was a peaceful and bucolic locale, and when I visit my parents, it seems much the same. My colleague Staci Zaretsky, our newest full-time contributor here at ATL, also grew up there — and concurs with my assessment.

But Saddle River, like the suburbs depicted in such films as American Beauty and Happiness, is not without its drama. Yesterday Edward De Sear, 64, a resident of Saddle River and a capital-markets partner at the distinguished international law firm of Allen & Overy, was arrested at his home and charged with distributing child pornography. The charge of distributing child pornography carries a mandatory minimum penalty of five years in prison and a maximum penalty of 20 years and a $250,000 fine.

UPDATE (12:00 PM): Make that a former partner of Allen & Overy. De Sear has resigned from the firm, according to a statement issued by A&O. Read it in full after the jump.

Let’s learn more about the allegations against Ed De Sear, hear from someone who knows him, meet his high-powered defense counsel — and check out his beautiful and historic home….

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