Earlier this month, we talked about “Punk Defendant” Penelope Soto. Soto was charged with possession of Xanax, and during her arraignment she gave the judge the finger.
Judge Jorge Rodriguez-Chomat cited her for contempt and sentenced her to 30 days in jail.
Soto has cleaned up her act, got her contempt sentence dropped, and appeared in court earlier this week, where she was complimented by a different judge.
And I’ve got to admit, I feel bad about calling her a “punk” in the first place. I now think that she was high during her initial, profane court appearance, and they should have dried her out before sending her up before the judge….
[A]lthough we do not condone Pori’s conduct where he improvidently overscheduled himself and then tried to pick and choose which cases he would try, the contempt judgment is void due to technical procedural noncompliance, and the imposition of sanctions . . . is not supported by the record.
As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.
At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”
Whenever there’s a big story, GT is there. In the past month, it has appeared in these pages as the possible savior of Dewey, the actual savior of Dewey’s Poland operations, and the victim of some alleged rudeness by a divorce lawyer in Texas.
And, of course, Greenberg Traurig has found itself at the center of the TD Bank controversy. Late last week, Judge Marcia Cooke held a contempt hearing, to decide whether Greenberg should be sanctioned due to a discovery debacle.
The hearing spanned two days and featured some high-powered witnesses. What happened?
Judging from our traffic stats and the many emails we’ve received about it, the story of the document controversy involving Greenberg Traurig and its former client, TD Bank, has captured the interest of our Floridian readers. So we’ll do one more story about it for now (and then we may keep our powder dry until after the contempt hearing later this month before Judge Marcia Cooke, when there will be bigger news to report).
In our first story, we discussed the allegations made against Greenberg Traurig and one of its former shareholders, Donna Evans. In our second story, we raised some points in defense of ex-partner Evans and her former firm. We believe in providing both sides of a story here at ATL.
Now we’ll share with you a final rebuttal by critics of GT and Evans….
Last week we covered a controversy down in south Florida involving Greenberg Traurig. The firm was replaced as counsel in a particular case by its client, TD Bank, after a partner at the firm denied the existence of a document that, it turned out, actually does exist. The partner who allegedly made the statement is no longer with the firm, and next month, Judge Marcia Cooke (S.D. Fla.) will hold a hearing to determine whether the bank should be held in contempt of court as a result of this apparent screw-up.
This does not sound good, to be sure. But subsequent developments, as well as a closer examination of the situation, suggest that GT’s culpability may be overstated….
Federal judges don’t take kindly to misstatements by counsel appearing before them. And when the judge is unhappy, the client is unhappy. And when the client is unhappy, outside counsel gets cashiered. It’s not a pretty process.
Let’s travel down to south Florida, where an allegedly incorrect statement by a partner at Greenberg Traurig has incurred the wrath of a federal judge — apparently resulting in the client replacing the firm, and the firm parting ways with the partner.
Time conflicts are an unavoidable part of litigation. Scheduling and re-rescheduling trials and court hearings — it’s simply part of the litigation process. It’s a pain, but most of the time, an attorney shouldn’t get too much flak for a legitimate scheduling conflict.
But this week, one Bay Area criminal defense lawyer has gotten caught between a rock and two murder trials. A local judge was unhappy when he missed a hearing for one murder case because he was in court for another murder case of in another county. Now he’s facing contempt charges and jail time.
This is just another reason why we really should be investing more in teleportation technology….
Man, have things changed in Mississippi. Mississippi used to be a hotbed for rebellion against the Union, and now it’s putting lawyers in jail for refusing to pledge allegiance to the flag. That’s progress, baby! (Sorry, I just wanted to see what it would look like to write a paragraph portraying Mississippi as progressive about anything.)
Mississippi lawyer Danny Lampley was found in contempt of court and jailed for refusing to recite the pledge of allegiance in open court. According to multiple reports, Lampley stood for the pledge and was “respectful,” but did not recite the words. Chancellor Talmadge Littlejohn (what a name!) then specifically asked Lampley to recite the pledge, and when he refused, he was held in contempt.
An Oxford, Mississippi lawyer who once hired Lampley covered the story on his blog…
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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