The BLT: The Blog of Legal Times

American Heart Association Hires Olsson Frank to Lobby

The American Heart Association has called for reinforcements in its battle to decrease sodium amounts in food, turning to a Washington law firm as its first outside lobbying shop since 2008.

Olsson Frank Weeda Terman Matz is helping draft "a strategic plan to work with food companies interested in [reducing] sodium content of their products," according to lobbying registration paperwork filed with Congress on Tuesday. Firm principal Bruce Silverglade, who handles matters that include nutrition policy and food labeling, is handling the account.

Silverglade didn't immediately respond to requests for comment. Association spokeswoman Retha Sherrod didn't have an immediate comment.

Judge Awards $40.5 Million in 30-Year Iranian Dairy Dispute

Just as the mythological Greek king Sisyphus was doomed to forever roll a boulder up a hill, only to watch it fall as he reached the summit, a 30-year dispute over interests in an Iranian dairy seemed destined to make endless trips to the U.S. Court of Appeals for the D.C. Circuit without resolution.

But in an opinion today, U.S. District Judge Richard Leon wrote that he hoped he was near the end of litigation that the D.C. Circuit once described as "Sisyphean labor." Following a D.C. Circuit opinion last February finding that U.S. courts did have jurisdiction over the case, Leon today ordered Iran to pay $40.5 million in damages, interest and attorney fees to plaintiff McKesson Corp.

Leon may not get his wish just yet, however. A lead attorney for Iran, Christopher Wright of Wiltshire & Grannis, said in an email that "Iran is reviewing the court’s decision and considering whether to appeal." Mark Bravin of Winston & Strawn, lead counsel for McKesson, declined to comment.

Judge Cuts Fees for Plaintiffs' Lawyers in LivingSocial Settlement

Citing inefficient staffing and high hourly rates, U.S. District Judge Ellen Segal Huvelle slashed attorney fees in half for plaintiffs' lawyers in multi-district litigation against daily deal company LivingSocial.

In a March 22 opinion approving a settlement between consumers and LivingSocial over expired deals, Huvelle awarded $1.35 million in fees to the 12 law firms that represented the plaintiffs, instead of the $3 million they asked for as part of the settlement. Co-lead plaintiffs' counsel at Cuneo Gilbert & LaDuca and Robbins Geller Rudman & Dowd did not immediately return requests for comment.

LivingSocial spokesman Andrew Weinstein said in a statement that the company was "pleased to have brought this litigation to a conclusion, so we can focus all of our efforts on creating great local experiences for our customers." The company was represented by a team from Cooley; lead attorneys Michael Rhodes and Christopher Durbin were not available this morning to comment.

D.C. Distillery Dismisses Trademark Dispute

Dueling trademark lawsuits between gin producers in Washington and New York came to an amicable close today, with Washington's New Columbia Distillers LLC and New York's Green Farms II LLC agreeing to drop their respective cases.

New Columbia, which makes Green Hat Gin, filed notice today that it was voluntarily dismissing its lawsuit in U.S. District Court for the District of Columbia. Green Farms, which makes Greenhook Ginsmiths brand gin, filed the same notice dismissing its case on Friday in a New Jersey federal court.

Green Farms first sued New Columbia in New Jersey, claiming that the Green Hat brand was too similar to its own Greenhook brand. New Columbia filed a lawsuit in Washington seeking a declaratory judgment that its trademarks were protected.

D.C. Distillery Behind 'Green Hat Gin' Sues to Protect Trademark

Washington's first micro-distillery - or, at least, its first legal one - filed a lawsuit yesterday seeking to protect its trademark against legal action brought by a New York gin producer.

New Columbia Distillers LLC, the D.C.-based producers of Green Hat Gin, was sued (PDF) for trademark infringement in November in New Jersey federal court by Green Farms II LLC, which makes Greenhook Ginsmiths brand gin. New Columbia filed a complaint (PDF) yesterday in Washington federal court asking for a court to determine that its trademarks are valid and should be protected.

New Columbia filed for trademarks on "Green Hat" and related terms beginning in April 2011, according to the complaint. The name stems from the story of a Prohibition-era bootlegger in Washington often identified by his choice of green headwear.

Brownstein Snags McDonald's Lobbying Work

Updated 2:15 p.m.

Ronald McDonald has a new friend in Washington: Brownstein Hyatt Farber Schreck.

The firm is advocating for McDonald's Corp. on "Agriculture/food policy; Transportation; Tax/Finance; Healthcare; Immigration; Product safety; International trade; Workforce/labor/benefit policy," according to lobbying registration paperwork filed with Congress this week. Brownstein shareholders Alfred Mottur, Manuel Ortiz and Marc Lampkin, as well as policy directors Michael Levy, Juanita Duggan and Carmencita Whonder, are handling the account.

Mottur, co-chairman of Brownstein's government relations department, said his firm is "very excited" about lobbying for McDonald's.

"We're thrilled to have a client of their stature," he said.

Former Clyde's Restaurant Official Pleads Guilty in Embezzlement Scheme

A longtime former employee of Clyde's Restaurant Group who stole more than $640,500 pleaded guilty in Washington federal district court today.

Nancy Preston, formerly the corporate controller at Clyde's, where she oversaw the company's centralized accounting function, was charged in August with mail fraud in a decade-long embezzlement scheme.

Preston, a 55-year-old resident of Vienna, Va., agreed to turn over $258,000 in stock awards and must pay back an additional $389,069, the U.S. Attorney's Office for the District of Columbia said today. U.S. District Judge Rudolph Contreras scheduled sentencing for December 12. Preston's plea agreement said the trial judge will determine the punishment.

Prosecutors said Preston diverted money from Clyde's to make payments on a personal credit card. Preston was also accused of using a company vendor to buy goods for personal use. Preston was the corporate controller at Clyde's, which owns restaurants in the District of Columbia, Maryland and Virginia, from 1992 to 2011.

Over BBQ and Beer, GOP Lawyers in Tampa Warn of 'Stolen' Election

TAMPA, Fla. — Stars of the conservative legal world on Thursday toasted GOP lawyers who were on hand for the Republican National Convention.

In a dimly lit, air-conditioned tent, Representative Darrell Issa (R-Calif.), former Senator Christopher "Kit" Bond (R-Mo.) and Patton Boggs partner Benjamin Ginsberg, among others, took the microphone to salute members of the Republican National Lawyers Association.

Issa, chairman of the House Oversight and Government Reform Committee, said Republican lawyers across the United States have assisted his panel and Congress generally in bringing to light allegations of Obama administration malfeasance.

D.C. Appeals Court Offers New Guidance on Drunk Driving Charges

Updated 6:05 p.m.

In an opinion (PDF) released this morning, the District of Columbia Court of Appeals found that while the penalties for two drunk driving charges in D.C. are different, the standard for proving those charges is the same.

A conviction for Driving Under the Influence (DUI) carries a 90-day maximum prison term for a first offense, while Operating a Vehicle While Intoxicated (OWI) carries a 30-day maximum sentence for a first offense. But the three-judge appellate panel found that contrary to a trial judge's jury instructions in the underlying case, the difference in penalties doesn't mean OWI is a "lesser" offense.

While the three-judge panel unanimously agreed that the trial judge gave wrong jury instructions, they ruled 2-1 to uphold the OWI conviction of appellant Larry Taylor. The majority found that Superior Court Judge Russell Canan correctly explained the standard for an OWI even if he gave the wrong explanation about its relationship with a DUI. The jury hung on whether to convict Taylor of a DUI.

D.C. Appeals Court Restricts Warrantless Searches After Lawful Arrests

The District of Columbia Court of Appeals today issued new guidance on when police officers can search a vehicle without a warrant after making a lawful arrest. The court rejected the argument that there are some crimes where a warrantless search is almost always appropriate, instead finding (PDF) that police need specific and "particularized" reasons to think they might find evidence of the crime first.

The government had appealed a District of Columbia Superior Court judge's decision to suppress a gun that police found after making a lawful drunk driving arrest. The three-judge appeals panel upheld that decision.

Larry Taylor was arrested for driving under the influence in December 2010 after he rear-ended another car in Northwest Washington. Police searched his truck and found an unregistered handgun. He didn't contest the drunk driving charge – his blood alcohol level was 0.161, double the legal limit – but after he was indicted on gun possession charges he argued to suppress the gun.