Search Results for ‘nocera’

November 2 roundup

  • A request for anti-SLAPP lawyers in Maine and Maryland [Popehat]
  • “Gallup: Government Regulation the Top Concern Among Small Business Owners” [NRO Corner] Almost as if in rebuttal to claims from Treasury economist [Business Roundtable]
  • Foreclosure law firm in upstate NY under fire after pics posted of its Halloween party [Nocera, Mystal]
  • “GAO Report Details Secrecy Of Asbestos Trusts” [Dan Fisher, Forbes] Crown Cork & Seal seeks successor-liability bill in Massachusetts [Eagle-Tribune]
  • Case against FMCSA’s rule change on truckers’ hours-of-service [Marc Scribner, CEI]
  • Richard Epstein on John Paul Stevens as justice and, now, author [Hoover]
  • Feds say lawyer who advised giant theft ring was partly paid in chic shoes and other designer gear [ABA Journal]

September 1 roundup

  • “Massage Parlor Mistrial Declared After Masseuse Recognizes Defense Lawyer as Client” [ABA Journal]
  • Paying opposing expert to leave country? “Drug company lawyer taped trying to foil lawsuit” [AP]
  • What anti-business crusades have in common with the War on Drugs [David Henderson] Some of those “oil and gas subsidies” aren’t [Coyote]
  • Nocera on NLRB v. Boeing [NYT] A contrary view [Hirsch]
  • Science finds no link between WTC dust, cancer? Then science will just have to give [Jeff Stier, Reason; but see later study on firefighters at the scene]
  • Per Maureen Orth at Vanity Fair, the widow of designer Oleg Cassini has been in at least 15 lawsuits. Guess who’s named in number 16? [AW]
  • Stop competing with us! Lawyers claim online-legal-form provider LegalZoom is engaged in unauthorized practice of law [WSJ, Dan Fisher, ABA Journal]

November 12 roundup

CPSIA: one for the books

As Charles Henry and Carter Wood observe, Tuesday’s Washington Post article on the fate of vintage books is another sign that the CPSIA debacle is gradually edging into the attention zone of even the more highly placed members of the press. littlefly2Florida’s St. Petersburg Times also covered the book/library angle over the weekend, following earlier coverage by the Associated Press Mar. 17, and before that by the Fort Worth Star-Telegram, the Guardian (U.K.), Cincinnati Enquirer and elsewhere. (Other aspects of the law, similarly, have won sporadic rather than sustained attention at individual large papers, and none have yet broken through to the print columns of The Deaf Lady and thereby reached those who rely on her for their news agenda.)

If nothing else, the Washington Post story should lay to rest the still sometimes heard notion that no one is talking about banning many of these books or that everyone somehow favors broadly exempting vintage books, with the only real question being how to get there. Reporter Michael Birnbaum interviewed Columbia public health specialist David Rosner, known as a high-profile lead hawk and critic of any toleration of nonzero exposure risks (and also a recurring expert witness for plaintiff’s lawyers in lead litigation, in which role he puts in a cameo in this fine 2007 Joe Nocera column in, of all places, the NYT). Rosner quite unmistakably does not want older books exempted as a general matter and does want government to intervene against those that have detectable, even if infinitesimal, levels of lead in their ink. He dismisses as ignorant — unacquainted with “the latest science” — parents and booksellers who object that they grew up with these books, they turned out okay, etc. (In fact, “latest science” or no, scientists have by no means joined in the consensus Rosner aims to suggest; hence the remarks from Centers for Disease Control spokesman Jay Dempsey the other day that “On a scale of one to 10, this is like a 0.5 level of concern“).

Birnbaum also interviews a second high-profile lead hawk, Johns Hopkins public health professor and longtime regulatory activist Ellen Silbergeld, who takes a somewhat contrasting view more akin to CDC’s (dismissing the book issue as “very clearly not a high priority” in protecting children). But that’s not all: Silbergeld appears to associate herself with (otherwise unnamed) critics who “accuse the safety commission of trying to undermine the law by stirring up popular backlash”, calling the agency’s continued inability to resolve the issue “absurd” and “disingenuous”. The suggestion here, it would seem, is that the CPSC is purposefully sabotaging the law by accommodating, even in part and inconsistently, the views of one of its own two commissioners, Thomas Moore, who famously called for some share of older books to be “sequestered” — not to mention outsiders like Rosner whose views appear to follow similar lines. So now we’re apparently meant to go on a hunt for imagined wreckers and saboteurs at the agency, presumably including its key career staff.

Meanwhile, and fortunately, discussion continues among persons who care passionately about old books for their own sake and don’t want to see them lost. Well-known author Neil Gaiman remarked on the story on Twitter (“So wrong, so wrong, so utterly, utterly wrong“) which was passed along (“retweeted”) by hundreds of his readers and fans; many blog posts and discussions resulted. David Niall Wilson (“Glimpses Into an Overactive Mind”) contributed two passionate posts (“This idiocy has to be stopped”.) twotailedcatThe popular James Lileks, whose eponymous site is one of the most consistently diverting in American journalism, did a short column for the Minneapolis Star-Tribune, and the subject erupted in comments at Boing Boing. Some other discussions, all worth reading: Tim & Zodi (via Deputy Headmistress), Michael Lieberman at Book Patrol (also Wessel & Lieberman), Jennifer at Series Books for Girls (“this lead thing has not gone away. Don’t think for a minute that it has”), Vivian Zabel, Le Mars, Iowa, Daily Sentinel, Aria Nadii/Wild Muse Notes.

And don’t forget the rally next Wednesday morning, April 1, in Washington, and covered by, among other places, Apparel News. Registration can be accomplished here. And Lahle Wolfe at About.com Women in Business Blog offers six (other) ways to protest the law.

Public domain images: Yankee Mother Goose (1902), illustrator Ella S. Brison, courtesy ChildrensLibrary.org.

Microblog 2008-10-07

  • All politics aside, Soros’s views on boom-bust cycles deserve attention [Naked Capitalism] #
  • Sebastian Mallaby on misplacing blame for crisis [Washington Post; but see] #
  • Warren Buffett on subject of Fannie-Freddie oversight [MargRev] # Others (h/t @srcleere) say regulators did warn of Fannie/Freddie, but Congress protected them #
  • Back from NYC meetup with Kevin O’Keefe and Matt Homann, learned huge amount from them about using Twitter #
  • Nocera: Waxman hearing was point-scoring political theater [NY Times] #
  • Hank Greenberg on AIG collapse [NY Times DealBook] #

June 30 roundup

  • To hold a party in the public parks of Bergenfield, N.J., you’ll need homeowner’s or renter’s insurance to throw on the line [Bergen Record]
  • More on suits against Victoria’s Secret over allegedly hazardous bras, thongs, and undergarments, including an aspiring class action over contact rashes [Heller/On Point News]
  • Supreme Court will review Navy sonar controversy, which we’ve long covered in this space [Adler @ Volokh]
  • Hope of legalized online gambling fades, and you can blame Republicans on Capitol Hill for that [Stuttaford, NRO “Corner”]
  • Disney said to be behind bad proposal to soak foreign tourists to fund visit-America promotions [Crooked Timber]
  • “Squishier than most”: Nocera on A.M.D.’s predatory-pricing antitrust suit against Intel [NYT]
  • Process serving company lied about delivering SEC witness subpoena and falsified later document, judge rules, awarding victim $3 million [Boston Globe]
  • Revisiting the false-accusation ordeal of Dr. Patrick Griffin, and how it relates to pressure to have needless chaperones at medical procedures [Buckeye Surgeon, Dorothy Rabinowitz Pulitzer piece]
  • Overlawyered turns nine years old tomorrow (more). Commenters: how long have you been reading the site? Any of you go back to its first year?

Rebutting Bill Lerach in Portfolio

The editors at Conde Nast Portfolio were kind enough to invite me to contribute a rebuttal, which is now online, to William Lerach’s egregious apologia pro crookery sua. The allotted space permits me to address briefly only a couple of Lerach’s worst howlers, in particular his bald assertions that his concealed kickbacks did no harm to class members or to competing lawyers. (It’s true that named class representatives do a very poor job at their intended mission of standing in for other class members’ interests, but secretly aligning their incentives with the size of fee awards, rather than the value of the settlement to the class, is a corruption meant to keep them from ever living up to their theoretical watchdog role.)

For a more extended look at what’s wrong with Lerach’s article, let me recommend Joseph Nocera’s excellent column a week ago in the Times:

In the article, Mr. Lerach expresses zero remorse, positions his crimes as having hurt no one while serving a greater good and makes the absurd claim that he was railroaded by his political opponents.

It is a brazen, shameful piece of work — and it must infuriate the prosecutors who made the plea agreement with him, and the judge who accepted it, especially since Mr. Lerach wrote his own remorseful letter to the judge ahead of his sentencing. It also ought to infuriate anyone who cares about the law. Plenty of criminals head to prison still believing they’re above the law, but Mr. Lerach takes the cake.

Ted Frank has some further thoughts on that point. And note (from Nocera) that Lerach’s “everyone did it” swipes at his colleagues — which many, including we, have read as grounds for an investigation — are by no means passing without contradiction from colleagues:

Mr. Lerach’s statement has infuriated other plaintiffs’ lawyers. “It would just be unthinkable” to give kickbacks to lead plaintiffs, said Max Berger, of the firm Bernstein, Litowitz, Berger & Grossman. Added Sean Coffey, another Bernstein, Litowitz partner: “It is bad enough that this confessed criminal cheated for years to get an unfair advantage over his rival firms. But for this guy, on his way to prison, to say that everyone does it is just beyond the pale.”

(cross-posted from Point of Law; & welcome San Diego Union-Tribune blog readers).

P.S.: For another example of just how slippery Lerach’s careful phrasings can be, check this Roger Parloff post from an earlier point in the scandal. And Stephanie Mencimer, whose writings are nearly always criticized in this space, deserves due credit for seeing through Lerach’s “liberal folk-hero status” to the “pretty sleazy” realities beneath in this February article.

Lerach: “Serving Time, but Lacking Remorse”

In today’s NY Times, Joe Nocera lambastes Bill Lerach’s lack of remorse and notes that his crimes weren’t victimless.  To which I would add: given that Lerach’s Portfolio defense of his crimes demonstrates that he lied in his sentencing letter to the court and the allocution he made, and given that Lerach got a reduced sentence under the Guidelines for “acceptance of responsibility” because of those false representations, why isn’t the government looking to make a criminal contempt or perjury charge?  (We’ll give John Keker the benefit of the doubt that he didn’t know what was in Lerach’s heart when he falsely told the court “Mr. Lerach has stepped up and accepted responsibility.”)  Surely Judge John Walter doesn’t condone this sort of thing.

If the government doesn’t step up here, it’s further evidence that they got rolled in their plea negotiation with Lerach.

December 10 roundup