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Alberto Gonzales joins Nashville law firm
Topics | 2011/10/06 09:39
Former U.S. Attorney General Alberto Gonzales, the first Hispanic attorney general in U.S. history, has joined one of Nashville’s largest law firms and will play a role in mentoring younger lawyers.

Gonzales, 56, will focus on government relations, government investigations and white-collar defense for Waller Lansden Dortch amp; Davis LLP, the firm said Wednesday.

He also will be involved in the firm’s diversity initiatives, which include a mentoring program.

“It is a great honor for me to join Waller Lansden, a firm that I greatly admire,” Gonzales said in a statement. “Waller Lansden has a reputation for providing incisive legal representation while caring deeply for its clients. The firm’s breakthrough initiatives to encourage diversity in the workplace are admirable.”

Gonzales became the first Hispanic attorney general in U.S. history when President George W. Bush appointed him in 2005.

But he left the post in 2007 under a cloud of controversy stemming from allegations that, under his watch, the U.S. Justice Department improperly hired and fired several U.S. attorneys for political reasons.


Hogan to be new courts administrative officer
Lawyer News | 2011/10/06 09:38
Senior U.S. District Judge Thomas Hogan is the new director of the Administrative Office of the U.S. Courts.

Hogan, a former chief U.S. District Court judge in Washington, will serve a one-year term as the chief administrative officer for the federal court system. He will oversee the federal judiciary's 35,000 employees and its almost $7 billion annual budget.

The Judicial Conference of the United States is the principal policymaking body for the federal court system. As its presiding officer, Chief Justice John Roberts selected Hogan for the position.

Hogan will begin Oct. 17. He plans to resume work as a senior federal judge after his term ends.

The previous director, James Duff, left this summer to become president of the Freedom Forum.


European court rules against Soros in trading case
Industry News | 2011/10/06 09:38
The European Court of Human Rights ruled Thursday that France did not violate George Soros' rights when convicting him of insider trading, defeating a years-long effort by the billionaire financier to clear his name.

Though Soros has faced criticism for other investment decisions before and since, the French conviction over trades in 1988 left a particular stain on the Hungarian-born businessman and philanthropist's five-decade career.

He was fined euro2.2 million in 2002, or $2.92 million at current rates, for purchasing shares in French bank Societe Generale in 1988, days after being informed about a planned takeover bid for the bank.

That was the amount he was accused of making when he sold the shares shortly afterward. France's highest court reduced the fine in 2007 to euro940,000 ($1.25 million at current rates).

Soros argued that France's insider trading rules at the time were unclear, and that the length of the investigation — from 1993 until his indictment in 2000 — made it difficult to call reliable witnesses, violating his right to a fair trial under the European Convention on Human Rights.

The human rights court, based in Strasbourg, France, disagreed. In a 4-3 decision, the panel of judges argued that the law applicable in 1988 was sufficient for Soros to have been aware that his conduct might be unlawful.


Court seems divided over Miranda rights case
Headline Topics | 2011/10/05 10:48
The Supreme Court seemed split Tuesday on whether to require police to read Miranda rights to prison inmates every time they interrogate them about crimes unrelated to their current incarceration.

The high court heard arguments from lawyers from the state of Michigan who want a federal appeals court decision overturning Randall Lee Fields' conviction thrown out.

Fields was serving a 45-day sentence in prison on disorderly conduct charges when a jail guard and sheriff's deputies from Lenawee County, Mich., removed him from his cell and took him to a conference room. The deputies, after telling him several times he was free to leave at any time, then questioned him for seven hours about allegations that he had sexually assaulted a minor. Fields eventually confessed and was charged and convicted of criminal sexual assault.

Fields was then sentenced to 10 to 15 years in prison but appealed the use of his confession, saying that he was never given his Miranda rights on the sexual assault charges.

On appeal, the 6th Circuit Court of Appeals in Cincinnati threw out his confession and conviction, ruling that it is required that police read inmates their Miranda rights anytime they are isolated from the rest of the inmates in situations where they would be likely to incriminate themselves.


Court seems divided over Miranda rights case
Industry News | 2011/10/05 09:38
The Supreme Court seemed split Tuesday on whether to require police to read Miranda rights to prison inmates every time they interrogate them about crimes unrelated to their current incarceration.

The high court heard arguments from lawyers from the state of Michigan who want a federal appeals court decision overturning Randall Lee Fields' conviction thrown out.

Fields was serving a 45-day sentence in prison on disorderly conduct charges when a jail guard and sheriff's deputies from Lenawee County, Mich., removed him from his cell and took him to a conference room. The deputies, after telling him several times he was free to leave at any time, then questioned him for seven hours about allegations that he had sexually assaulted a minor. Fields eventually confessed and was charged and convicted of criminal sexual assault.

Fields was then sentenced to 10 to 15 years in prison but appealed the use of his confession, saying that he was never given his Miranda rights on the sexual assault charges.

On appeal, the 6th Circuit Court of Appeals in Cincinnati threw out his confession and conviction, ruling that it is required that police read inmates their Miranda rights anytime they are isolated from the rest of the inmates in situations where they would be likely to incriminate themselves.

This case is another example of the courts' recent struggle to clearly define Miranda rights, which have been litigated since they first came into being in 1966. The courts require police to tell suspects in custody they have the right to remain silent and the right to have a lawyer represent them, even if they can't afford one.


High court appears to favor Ala. death row inmate
Topics | 2011/10/05 09:38
The tale of returned mail and a missed deadline might seem comical, if it did not involve a man trying to stave off execution. Supreme Court justices had harsh words Tuesday for lawyers who abandon their clients and a state legal system that does not seem overly concerned.

At the end of a lively hour of arguments, it appeared that the court would order a new hearing for Alabama death row inmate Cory Maples, who lost the chance to appeal his death sentence because of a mailroom mix-up at the venerable New York law firm Sullivan and Cromwell and the diffidence of a local court clerk.

Two Sullivan and Cromwell lawyers were pressing Maples' claim that his earlier legal representation was so bad that it violated the Constitution -- until they both left the firm without telling Maples or the Alabama courts.

Deadlines usually matter a lot at the Supreme Court, where a few years back a defendant who was late to file an appeal because the judge gave his lawyer the wrong date still lost his case. Another principle to which the court often holds dear is that it's tough luck for defendants whose lawyers make mistakes.

But Tuesday's case, perhaps because it involves the death penalty, was the rare instance when the court seemed prepared to grant some leeway on both counts.


Bankruptcy judges asking $100 to cover Kagan talk
Industry News | 2011/10/05 03:48
The national organization of bankruptcy judges says reporters are welcome to cover Supreme Court Justice Elena Kagan's talk at its convention in mid-October, if they pay $100.

Groups sometimes close their events to the press or allow reporters in with restrictions on the use of cameras and audio recorders. But it's very unusual to charge the news media merely to attend.

Kagan is scheduled to speak Oct. 15, at the end of the four-day conference in Tampa, Fla. She did not immediately comment on the fee arrangement.

Christine Molick, executive director of the National Conference of Bankruptcy Judges, says the $100 fee is greatly reduced from what other attendees must pay. Registration fees for some participants top $900, according to the organization's website.


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