The BLT: The Blog of Legal Times

DOJ Argues for Secrecy in Dispute Over Special Federal Prison Unit

The Justice Department is defending its refusal not to release certain information federal authorities used to place inmates in a restrictive prison setting that limits communication and bans physical contact with the outside world.

A Justice Department lawyer, Nicholas Cartier, urged a federal judge in Washington yesterday to allow the government to keep sensitive law enforcement information from three inmates who are challenging their transfer to the Federal Bureau of Prisons' so-called "communications management unit."

Cartier said the information, which the authorities reviewed before making a placement determination about the inmates, is protected by the deliberative process and law enforcement privileges. He argued that the plaintiffs are speculating that federal officials are hiding "illegal or nefarious" reasons for the assignment to the special prison units.

The suit against the Justice Department, filed in April 2010 in U.S. District Court for the District of Columbia, alleges federal officials failed to provide adequate notice and justification about the transfers to the communications units. Lawyers for the prisoners describe the communication restrictions as part of an "experimental" prison unit.

As GOP Convention Set to Start, Holland & Knight on Home Turf in Tampa

By Andrew Ramonas and Todd Ruger

With the start of the Republican National Convention only days away, Holland & Knight is busy helping to ensure that the festivities in Tampa, Fla., go off without a hitch.

Founded in Tampa, Holland & Knight is the legal adviser to the 2012 Tampa Bay Host Committee, which works with the Republican National Committee and the city to set up facilities, transportation, housing, security and other convention necessities.

Rich Gold, a Washington-based Holland & Knight partner who leads the firm's public policy and regulation practice group, said his firm is primarily assisting the host committee with "nuts and bolts" contract work. "It's been more intense as we get closer," he said.

Crowell & Moring Bolsters Tax Practice with Team from Reed Smith

Updated 4:33 p.m.

Crowell & Moring has expanded it tax practice in Washington with the addition of two lateral partners and an associate from Reed Smith.

Partners Donald Griswold and Walter Nagel bring experience dealing with state and local tax matters, mergers and acquisitions, state tax planning and audit defense and litigation. Last month the firm also added partners David Blair and David Fischer to the tax group from Miller & Chevalier and Cooley, respectively.

Griswold was previously the national partner-in-charge of state tax technical services at KPMG. He focuses on consulting and planning, audit litigation and settlement and proactive recovery of tax refunds.

FTC Sues Dish Network, Alleging Repeated 'Do Not Call' Violations

The Federal Trade Commission is suing satellite television provider Dish Network for violating the Do Not Call Registry, alleging that company telemarketers kept calling consumers even after being specifically asked not to do so.

According to the FTC complaint filed in U.S. District Court for the Central Dis"rict of Illinois yesterday, Dish telemarketers since September 2007 have placed "millions of outbound telephone calls to phone numbers of persons who have previously stated that they do not wish to receive an outbound telephone call made by or on behalf of DISH Network."

The FTC asked the court to grant injunctive relief and monetary penalties, which could, in theory, total billions of dollars. Under Section 5 of the FTC Act, the court can award penalties of up to $11,000 for each violation of the FTC's Telemarking Sales Rule that occurred before Feb. 9, 2009, and $16,000 for each violation thereafter.

Battle Over D.C. Taxi Meter Contract Lands in Court

Updated 2:17 p.m.

An escalating fight over a $35 million contract to install new "smart" meters in the District of Columbia's taxis is now before a District of Columbia Superior Court judge, with a company that lost the bid suing to stop installation.

Mayor Vincent Gray (D) held a press conference yesterday to announce that installation was underway, prompting Creative Mobile Technologies LLC (CMT) — a Long Island City, N.Y.-based company that didn't win the contract — to file a lawsuit (PDF) later in the day. The company is pursuing an administrative challenge to the contract and argued in its complaint that the city shouldn't be allowed to start installation until that process is finished.

CMT, represented by Reed Smith's D.C. managing partner A. Scott Bolden and other firm attorneys, is scheduled to make its case for a temporary restraining order (PDF) tomorrow afternoon before District of Columbia Superior Court Judge Laura Cordero.

Federal Courts Cracking Down on Social Media Use by Jurors

The federal judiciary released new model jury instructions (PDF) this week aimed at deterring jurors from using social media while they're hearing a case.

As reported by sibling publication the New Jersey Law Journal, the guidelines can be used in civil or criminal trials. The model instructions explicitly warn jurors against using sites such as Twitter or Facebook to look up information about a case, or to communicate about it.

The instructions were crafted by the Federal Judicial Center, at the request of the Judicial Conference Committee on Court Administration and Case Management, in response to a national survey of federal trial judges that found most are concerned about jurors' social media use and have acted to guard against it.

The full story is available on the New Jersey Law Journal's website.

The Morning Wrap

Medicare: New polls show that voters in Florida, Ohio and Wisconsin trust President Obama to handle Medicare. The New York Times reports that the Romney-Ryan proposal to reshape Medicare is deeply unpopular

Viral: A Skadden associate has written an open letter to Rep. Todd Akin criticizing his recent comments on rape and abortion. Our sister publication, Am Law Daily, has the scoop.

No Retrial: The former University of Virginia lacrosse player accused of murdering his ex-girlfriend was denied a new trial after a judge concluded there was ample evidence to support his second-degree murder conviction. The Richmond Times Dispatch reports.

Gift: The Washington National Cathedral plans to announce Thursday that it will receive a $5 million dollar donation to fund repairs sustained during last year's earthquake that also damaged the Washington Monument. The Washington Post reports that the donation comes from the Lilly Endowment, the foundation created by the family that built the Eli Lilly pharmaceutical company. 

DOJ Joins Whistleblower Suit Accusing Gallup Organization of Overbilling

The Department of Justice has joined a whistleblower lawsuit that accuses The Gallup Organization of overbilling federal agencies for polling services for government programs.

The whistleblower's 2009 complaint, unsealed for the first time today, claims Gallup gave inflated estimates to the U.S. Mint and the State Department for the number of hours the company would take to conduct polls. The polling and consulting company kept separate and lower internal estimates of the required hours, the complaint states.

The DOJ had been negotiating a possible settlement with Gallup earlier this month in the False Claims Act case, which was filed in U.S. District Court for the District of Columbia. Judge Amy Berman Jackson has, for now, kept under seal other documents besides the complaint and DOJ notice of intervention.

Former State Department Official Joins Baker Donelson in D.C.

Baker, Donelson, Bearman, Caldwell & Berkowitz has hired a former congresswoman who most recently served in the U.S. State Department for its federal public policy group in Washington, the law firm announced on Tuesday.

Former Representative Ellen Tauscher (D-Calif.) has stepped down as the State Department's special envoy for strategic stability and missile defense to serve as a strategic adviser at Baker Donelson. Tauscher spent seven terms in the U.S. House of Representatives before joining State in 2009 as under secretary for arms control and international security affairs, a post she held until she became special envoy in February.

Tauscher said she finished everything she wanted to complete at the State Department, noting the ratification of the New START nuclear arms treaty with Russia. A one-time New York Stock Exchange member and a former American Stock Exchange officer, Tauscher said she was "anxious" to return to the private sector.

Morrison & Foerster Adds Two Partners to D.C. Office

Morrison & Foerster has added new partners to its intellectual property litigation and financial services practices in Washington, the firm announced this week.

Johnny Chiu, formerly a partner at Covington & Burling, and Leonard Chanin, formerly the assistant director of the office of regulations at the Consumer Financial Protection Bureau, are joining the firm.

Chiu focuses his IP litigation practice on disputes before the International Trade Commission and federal district courts, among others. He formerly was the U.S. chief legal officer for a Taiwan-based electronics manufacturer.