Top US court rejects spying case

Headline Legal News 2008/02/19 13:48   Bookmark and Share

The US Supreme Court has dismissed a legal challenge to a domestic anti-terrorism eavesdropping programme.
President George W Bush authorised the monitoring, without a court order, of international phone calls and e-mails of US citizens after the 9/11 attacks.

The American Civil Liberties Union argued that Mr Bush did not have the constitutional authority to order the programme, which ended last year.

The Supreme Court gave no explanation for its ruling.

Legality questioned

The domestic spying programme was denounced by Democrats and rights activists when it was disclosed in 2005.

A group of civil liberties activists, journalists, academics and lawyers challenged the spying programme in the courts, arguing it violated a 1978 rule prohibiting surveillance of American citizens on US soil without a warrant.

In July last year, an appeals court struck down a lower court's ruling that found the programme to be unconstitutional.

The appeals court, based in Cincinnati, dismissed the case because the plaintiffs had failed to show that their communications had been monitored.

But the Cincinnati judges did not rule on the legality or otherwise of the programme.

The president rejected claims that he broke the law by ordering surveillance without first securing warrants. He argued the eavesdropping programme was necessary and was targeted against al-Qaeda.

The Bush administration has so far refused to release documents about the programme that might reveal who was under surveillance.


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U.S. Appeals Court sets deadlines in Peel case

Court News 2008/02/08 11:16   Bookmark and Share
The U.S. Court of Appeals for the Seventh Circuit in Chicago allowed Gary Peel's federal public defender to withdraw from his case.

The Seventh Circuit appointed Paul Camarena of Chicago to replace Stephen Williams of the East St. Louis federal public defender's office on Jan. 25, after Williams filed a motion to withdraw just before Christmas.

Before the appeals court would allow Williams to withdraw, it ordered him to gather all of the transcripts of Peel's trial from Stiehl's court reporter Daveanna Ramsey.

Peel filed his notice of appeal of his final judgment and sentence to the Seventh Circuit on Dec. 4.

He was sentenced to 12 years in prison by U.S. District Court Judge William Stiehl on Nov. 19. He was technically sentenced to 37 years, but Stiehl ordered the time to be served concurrently.

Peel, 63, was convicted on one count of obstruction of justice, one count bankruptcy fraud and two counts of child pornography by a federal jury in East St. Louis on March 23. He was also fined $1,000 and placed on three years supervised release.

Peel was prosecuted for blackmailing his ex-wife Deborah Peel with nude photos taken of her 16-year-old sister in 1974.

He and Deborah Peel were married in 1967 and divorced in 2003. During contentious settlement proceedings Gary Peel filed for bankruptcy in 2004.

At trial, prosecutors told jurors that Peel threatened to bankrupt his ex-wife in legal fees if she did not stop trying to get a deposition of his current wife, Deborah A. Pontious-Peel.

Assistant U.S. Attorney Kevin Burke told the jury that Peel planned to send the nude photos to Deborah Peel's parents if she did not agree to a new divorce settlement.

The Seventh Circuit also set the deadlines for the appeal to be filed.

Peel has to file his written brief and short appendix by April 23. The government has until May 23 to file its brief. If Peel wants to reply to the government's brief, he must submit it no later than June 6.

Peel originally had until Jan. 15 to file his brief, but was allowed more time since Williams withdrew from the case.
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Helped law firm go global

Attorney News 2008/02/05 14:11   Bookmark and Share

Thomas A. Reynolds Jr. led Winston & Strawn on a path of global expansion and brought in politically powerful partners, including former Gov. James Thompson and former U.S. Atty. Dan Webb.

He was also part of the ownership group that moved the Milwaukee Braves to Atlanta in the mid-1960s and chairman of the authority that built the stadium where the Chicago White Sox play.

Mr. Reynolds, 79, died of complications of Parkinson's disease Thursday, Feb. 14, in his Winnetka home, son Thomas A. Reynolds III said.

The second of three generations to practice law at Winston, Mr. Reynolds was the firm's managing director from 1969 to 1989 and then chairman until his retirement in 1992.

During his years at the helm, Winston expanded from 70 lawyers in Chicago to about 400 lawyers in five countries.

"He built this law firm, it's fair to say," said Thompson, who succeeded Mr. Reynolds as Winston's chairman. "He put it on the map."

A year after Mr. Reynolds took over, the firm opened an office in Washington, D.C. In 1980, Mr. Reynolds oversaw a merger that established a New York office.

"His belief was that the firm that decided to stay regional would not be able to compete," said his son, a partner at Winston.

Mr. Reynolds hired a string of legal and political heavyweights who attracted big-spending clients. Shortly after Thompson left the U.S. attorney's office in 1975, Mr. Reynolds signed him to Winston. Throughout Thompson's tenure as governor, Mr. Reynolds chaired his finance committee.

Thompson said he considered 10 law firms after leaving the governor's office in 1991 and was swayed by Mr. Reynolds and his promise that Thompson could take over as Winston & Strawn's chairman upon Mr. Reynolds' retirement.

"He was able to inspire other people, and he had a great head for business," Thompson said.

Mr. Reynolds also was instrumental in the hiring of former vice president Walter Mondale, former Illinois Commerce Commission chairman Michael Hasten and Webb, the former U.S. Attorney for the Chicago region.

In the late 1980s, Thompson appointed Mr. Reynolds to lead the Illinois Sports Finance Authority, which oversaw the construction of a new White Sox ballpark, now U.S. Cellular Field. Today, Thompson heads the authority.

A lifelong fan of baseball, Mr. Reynolds was part of a syndicate of Chicago businessmen led by William Bartholomay that bought the Milwaukee Braves for $5.5 million in 1962.

"Frankly, they did it because the Cubs weren't for sale," Mr. Reynolds' son said, noting his father's lifelong fealty to the North Side team. "For dad, it was the love of baseball."

A year after buying the Braves, the ownership group began negotiations that led to the team's move to Atlanta in 1966, sparking legal disputes and the long-standing ire of fans in Milwaukee. The group sold the team to Ted Turner in the mid-1970s.

Mr. Reynolds' father joined Winston & Strawn in 1927, following his graduation from Georgetown University Law School.

Mr. Reynolds grew up in Edgewater and attended Loyola Academy and Georgetown, where he was a top tennis player before being sidelined by injury. He graduated from University of Michigan's law school and married the former Suzanne FitzSimons in 1951.

Mr. Reynolds sat on a number of boards, including those of Gannett and Smurfit-Stone.

He was a supporter of The Big Shoulders Fund, which provides educational opportunities to impoverished inner-city students, from its inception in 1986.

A convivial executive, Mr. Reynolds often held court after a long day's work in the bar of the Mid-Day Club in what is now the Chase Tower.

"He used to say, 'You might as well have fun in this life because if you don't, no one's going to want to be with you in the first place,' " his son said.

In addition to his wife and son, Mr. Reynolds also is survived by sons Sherman, Timothy and Stephen; daughters Kathy Lanctot, Suzy Hick and Ellen Largay; sisters Sheila Berner, Susan Sullivan and Mary Ellen; 37 grandchildren; and two great-grandchildren.

Two daughters, Julie Shaw and Clare Joyce, preceded him in death.

Mass will be said at 5 p.m. Tuesday at Sts. Faith, Hope & Charity, 191 Linden St., Winnetka.

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Lawmakers steamed over snubbed subpoenas

Law Firm News/Alaska 2008/01/23 06:46   Bookmark and Share
By Anne Sutton | The Associated Press

State lawmakers on Wednesday said they don't plan to pursue abuse of power findings against Gov. Sarah Palin, but they do want to know why their subpoenas were ignored in last fall's Troopergate investigation.

Some are steamed that possible witnesses, including several of Palin's top aides, snubbed a September legislative hearing into Palin's firing of her public safety director Walt Monegan.

They want to talk to Attorney General Talis Colberg about why the witnesses didn't show.

"Did he tell them not to answer the subpoenas? It concerns me that if we let it go, next time we try to subpoena people, they'll think there's no authority there," said House Speaker Mike Chenault, R-Nikiski.

Colberg and Palin did not respond to requests for comment on Wednesday.

The Legislative Council last year, in an unanimous bipartisan vote, ordered an investigation into Monegan's firing, and Palin agreed to cooperate - until she was named John McCain's running mate.

Palin - through her campaign - accused lawmakers of manipulating the probe to be potentially damaging ahead of the November election.

Palin said she would cooperate only with a separate probe by the Alaska State Personnel Board.

Meanwhile Colberg, a Republican appointed by Palin, filed a lawsuit challenging the subpoenas issued in the legislative probe. He claimed the Senate Judiciary Committee had no jurisdiction to issue them and questioned whether the Legislative Council had the authority to begin a probe.

At the time, Colberg said he advised the state employees to either show up and testify or don't and join the lawsuit, which was ultimately dismissed by a judge.

House Judiciary Committee Chairman Jay Ramras, R-Fairbanks, could hold hearings as early as next week.

"My own interest is in examination of the process and the relationship of the Attorney General: whether he works for the citizens of Alaska, the governor or the people whom he advised to ignore subpoenas issued by the Legislature," Ramras said.

He asked committee member and attorney Lindsey Holmes, D-Anchorage, to look into whether Colberg could refuse to testify, claiming attorney-client privilege.

Senate Judiciary Committee Chairman Hollis French, D-Anchorage, said the Senate is still discussing whether to hold hearings.

The 14 people who were subpoenaed did ultimately testify or provide written statements, "which was good but doesn't undo fact that you were ordered to show up and didn't," French said.

State statute provides for fines and a maximum of six months in jail for contempt of legislative subpoenas, but French said the statute is rarely used.

The Troopergate investigation was looking into whether Palin and others pressured Monegan to fire a state trooper who was involved in a contentious divorce with Palin's sister, and then fired Monegan when he wouldn't dismiss the trooper.

Palin maintains that Monegan was ousted over budget disagreements.

Special counsel Stephen Branchflower found that Palin had abused her office but the firing was legal since Monegan was an at-will employee.

A subsequent investigation by the Alaska State Personnel Board found there was no probable cause to believe Palin or any other state official violated the Alaska Executive Ethics Act.
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The Partnership of Federal & Hasson, LLP

Press Release 2008/01/08 12:51   Bookmark and Share
R. Keegan Federal, Jr., and attorneys for the Firm are proud to announce the change of the Firm's name from Keegan Federal & Associates to Federal & Hasson, LLP. This change, effective January 1, 2008, is in recognition of the leadership position of co-managing partner of the Firm assumed by Keith S. Hasson. Keith shares the management responsibilities with the founder and senior partner, R. Keegan Federal, Jr.

About Federal & Hasson, LLP:

Founder and Senior Partner, R. Keegan Federal, Jr. is a civil trial attorney and former Superior Court Judge in Atlanta, Georgia. The Firm's attorneys have extensive experience in the successful resolution of disputes related to: Business Contracts, Torts, and Securities; Personal Injury and Wrongful Death with an emphasis on Brain & Spinal Cord Injury; Divorce and Family Law; Wills, Trusts, and Estates; Employment Contracts, Discrimination and Sexual Harassment; Immigration, Real Estate; and Legal Malpractice and Licensing, through Negotiation, Mediation, Arbitration and Litigation.

For more information contact:

Rebecca A James
Public Relations - Federal & Hasson, LLP
678.443.4044

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Henry & Horne, LLP Celebrates 50 Years

Press Release 2007/09/18 12:55   Bookmark and Share

Henry & Horne, LLP has reached 50 years in business and will be hosting an open house for it's clients and friends on October 6th. The event is being held so the firm can thank clients, friends and the communities for being a part in Henry & Horne, LLP achieving such a milestone. "It's a never-ending journey to improve the relationships and the services that we have and provide to our friends and clients," Mark Eberle, CPA, Managing Partner.

Henry & Horne, LLP began in 1957 when Marvin Henry & Gail Horne merged their accounting practices to create one firm with 12 employees working in three different locations. Together they built the firm's reputation as a solid, locally owned and operated accounting practice that specialized in the needs of its clients.

About Henry & Horne, LLP

Henry & Horne, LLP (www.henryandhorne.com) is an Arizona-based certified public accounting and business advisory firm founded in 1957. The 140-person firm serves closely held businesses and high net worth individuals throughout the United States and internationally from four Arizona locations: Tempe, Scottsdale, Casa Grande and Pinetop. Services include audit and accounting; business consulting; mergers and acquisitions; succession planning; business valuation; litigation support; forensic accounting services; tax services (R&D tax credits; cost segregation; state and local tax issues); estate planning; and international business services.

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