Posts Tagged ‘lawyers’

Diana Furchtgott-Roth on the “Persuader Rule”

Writing at Capital Research Center’s Labor Watch:

A shocking change in American labor relations is brewing at the U.S. Department of Labor, which is expected sometime soon to alter a major regulation. The change involves a new interpretation of the “advice exemption” of the Labor Management Reporting and Disclosure Act. Specifically, businesses would have to disclose the names of, and fees paid to, attorneys and consultants who advise them on union-organizing activities. In turn, attorneys and consultants providing such advice would be required to disclose their client lists and the fees they receive.

If that sounds like a road map for retaliation and strong-arming, with dangers for traditional attorney-client confidentiality, well, you’re getting the idea. Furchtgott-Roth says the department has evaded regulatory review by low-balling the proposal’s billions of dollars in costs. “The change has no basis in existing law or precedent.”

The Daily Caller fires a blank at Lois Lerner

The IRS scandal is a genuine scandal, for sure; efforts to portray it as merely a “scandal” within quotation marks, as by the L.A. Times’s Michael Hiltzik, are well answered by Megan McArdle, Patterico, Ed Krayewski, and (implicitly in advance) by this Josh Barro column exploding the notion that 501(c)4 status was somehow intended only for volunteer fire departments and the like and not for politically engaged citizen groups.

Once the scandal momentum gets going, however, people start in on all sorts of efforts to connect dots that may not have any necessary connection or even qualify as dots at all. Example: at the Daily Caller this morning, reporter Patrick Howley is out with a story headlined, “Embattled IRS official Lois Lerner’s husband’s law firm has strong Obama connections.”

Curious, I read on to see which law firm with strong Obama connections Lerner’s husband, an attorney named Michael Miles, is a member of. It turned out to be Sutherland, Asbill & Brennan, a pillar of the Atlanta legal establishment known for its strong tax practice.

Sutherland, Asbill & Brennan is a so-called BigLaw firm. Per the American Lawyer’s profile, it has 387 lawyers and represents all sorts of clients, with an emphasis on corporate work across a wide range of industries.

So what’s the evidence that Sutherland has “strong Obama connections” or is tight with White House Democrats? Here it is: according to Howley, the firm:

hosted a voter registration organizing event for the 2012 Obama re-election campaign, praised President Obama’s policy work, and had one of its partners appointed by Obama to a key ambassadorship.

Really? In a 387-lawyer BigLaw firm, those are the strongest Obama links Howley was able to come up with? As with virtually all BigLaw firms, Sutherland has attorneys active in both parties who host events favorable to one side or the other. It took me only a minute or two on search engines to confirm that Sutherland lawyers and alumni are quite successful in landing prominent appointments under Republicans. Here’s a 14-year Sutherland alum (though he’d moved on to other employers in the interim) who served as National Executive Director of Lawyers for Bush-Cheney in 2000 and went on to a distinguished career as ambassador appointed by that administration. Here’s a Sutherland attorney (“top lawyer at the Pentagon for six years”) nominated by President George W. Bush to the Fourth Circuit U.S. Court of Appeals.

Of course, some BigLaw firms do have a distinct coloration that falls toward one side of the political spectrum while tolerating the occasional maverick from the other. Is this true of Sutherland? I consulted the Open Secrets database and found that in the last election cycle the firm’s lawyers donated $41,700 to Mitt Romney and $35,413 to Barack Obama. In Congressional races, the firm’s lawyers donated $38,040 to Republican candidates and $25,350 to Democrats. The biggest recipient by far in the Congressional races? Ted Cruz (R-Texas), who got $16,250 from Sutherland lawyers. Overall, these figures would rank Sutherland as not a particularly heavy hitter among law firms in federal donations. Twenty other law firms’ attorneys gave upwards of $1.2 million in the last election cycle, mostly leaning much more toward the Democratic side than did the donations from Sutherland’s attorneys.

I suppose “Embattled IRS official Lois Lerner’s husband’s law firm has strong Ted Cruz connections” would have made for too confusing a headline on a Daily Caller lead story.

May 7 roundup

  • In quiet retreat from STOCK Act, Congress dispenses with trading transparency for its staff [Prof. Bainbridge]
  • Deep-pocket quest: hotel named as additional defendant in Florida A&M hazing death [Orlando Sentinel, earlier]
  • “Keynes didn’t expect to have kids so he didn’t care about the future” wheeze long predates Niall Ferguson [Kenneth Silber; my new post at IGF, where I’ve also been posting lately on the topic of adoption]
  • Ten and five (respectively) reasons for a plaintiff’s lawyer to turn down a personal injury case [Eric Turkewitz, Max Kennerly]
  • Setback for man seeking to trademark “Eat More Kale” [AP, earlier]
  • Gawker is now on the UK “Warning: This bag of nuts may contain nuts” case [earlier]
  • Overlawyered’s Twitter feed just passed the 7,000-follower mark, while our Facebook page, which recently stood at 1,000 likes, has now surged to nearly 2,500. Thanks for following and liking, and if you’d like to engage with other parts of Cato on social media, check out this nifty guide by Zach Graves.

Hurricane Sandy, meet Mighty Wind

A Houston-based trial lawyer has some grandiose plans for snagging New York storm-insurance cases: Steve Mostyn “indicates his firm should be able to take on more than $1 billion in disputed claims — or half of all the Sandy litigation.” That’s assuming clients sign on, of course. One who did was a swim club owner from Pound Ridge who was frustrated dealing with New York lawyers and quickly signed a contract with Mostyn’s firm: “It is worth the 40 percent just for someone to listen to my story and be kind to me,” she said. [Austin American-Statesman]

Judge (and bloggers) want answers about copyright mill

Ken at Popehat and Mike Masnick at TechDirt are on the case of Prenda Law, which is in the business of monetizing low-value copyrights to adult entertainment properties. The story, which recently resulted in the filing of defamation suits against Prenda critics, is highly convoluted, so I recommend scrolling down to earlier posts in the series (such as this one by Ken).

Lawyers roundup

  • Feds investigating prominent Texas attorney and many-time Overlawyered mentionee Mikal Watts [MySanAntonio via PoL]
  • Florida high court: lawyers not privileged to defame parties during informal witness questioning [Delmonico v. Traynor]
  • Client’s story: not only did attorney try to kill me, he also gave me bad advice [Lowering the Bar]
  • Some lawyers for city of Cleveland seek union representation, following municipal attorneys in S.F., D.C. and Houston [Cleveland Plain Dealer]
  • Watch what you say about lawyers, part CLXXVI [NYLJ, “shakedown”]
  • Former ATLA president Barry Nace fights disciplinary proceeding in W.V. [Chamber-backed WV Record]
  • Minnesota lawyer who billed client for time he spent having sex with her won’t be allowed to practice for more than a year [TheLawNet, earlier on this candidate for “ultimate Overlawyered story”]
  • Should she take the job offer from an apparently unethical attorney? If she has to ask… [Elie Mystal, Above the Law]

“CNET rescinds positive review because parent company is suing manufacturer”

Rob Beschizza: “While it looks like clueless corporate spite, I bet it’s really about lawyers wanting to lower CBS’s exposure to uncertainty in its boring lawsuit over contracts and copyright. … For some, it seems inconceivable not to accept legal advice after it’s been sought — even when the negative consequences of taking it are profoundly obvious.” [BoingBoing]