Judge Martini could probably use a drink right now.
Last Friday, the U.S. Court of Appeals for the Third Circuit delivered two stinging benchslaps of Judge William J. Martini (D.N.J.). The benchslaps were delivered in two different cases by two separate three-judge panels, but both opinions vacated rulings by Judge Martini and also directed that the cases be reassigned to new judges on remand.
Ouch. As noted by the Newark Star-Ledger, “[i]t amounted to an extremely rare and harsh rebuke of a well-known federal judge who once served in Congress.” (Before he was appointed to the federal bench by President George W. Bush in 2002, Bill Martini served a single term in the U.S. House of Representatives; he ran for re-election but was defeated.)
What did Judge Martini allegedly do to incur the wrath of the Third Circuit? And what did the opinions have to say about His Honor?
I’ll always be grateful to Paul Bergrin, the New Jersey federal prosecutor turned notorious criminal defense attorney. Thanks to him, I’ll never have to worry about being the most scandalous alumnus of the U.S. Attorney’s Office in Newark.
While working as an assistant U.S. attorney, I wrote a mildly snarky blog about federal judges, pretending to be a woman, until I outed myself in the pages of the New Yorker. That pales in comparison to what Bergrin stands accused of doing, including (but not limited to) the following: operating a real-estate scam, which defrauded lenders of over $1 million; running a high-volume drug dealership, which was apparently big enough to move 120 pounds of uncut cocaine; running an illegal escort service; and, most seriously of all, having witnesses murdered to keep them from testifying against his clients.
It’s hard to believe that Paul Bergrin was once a federal prosecutor. It’s not hard to believe that he is, in the words of New York magazine, “The Baddest Lawyer in the History of Jersey.”
But let’s recall that the charges against Bergrin are just that — charges, which Bergrin disputes. Last week, represented by prominent defense lawyer Lawrence Lustberg, Bergrin appeared in federal court in Newark and pleaded not guilty to all 33 counts in the 139-page indictment. Bergrin’s trial is currently set for October 11 before Judge William J. Martini.
In light of the astounding charges leveled against him, Paul Bergrin has taken on a larger-than-life aura — the man, the myth, the legend. What is he really like?
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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:
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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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