The BLT: The Blog of Legal Times

DOJ Apologizes for 'Oversight' in Criminal Case Against Defense Lawyer

Updated 11:35 a.m.

Prosecutors in Washington today apologized for what the government called an "oversight" in the case against a local defense lawyer charged with trying to dupe jurors in a drug case.

The prosecutors handling the case against Charles Daum, a long-time defense lawyer in Washington, blamed an inadvertent omission for holding onto witness evidence for as long as the government did. Lawyers for Daum and two defense investigators today asked a federal trial judge to dismiss the case or issue sanctions.

A Justice Department trial lawyer, Donnell Turner, said in a court filing this afternoon that the prosecution has always maintained it would turn over exculpatory information as soon as the government learned about it.

“The government failed (mistakenly, but not in bad faith) to adhere to those policies, and it regrets that failure,” Turner said. “Nonetheless, the government’s deviation from its own internal policies does not give rise to legal remedies for the defense.”

Lawsuit Over Cancelled Julio Iglesias Concert in Northern Cyprus Nearing Dismissal

Updated 5/1/12 at 7:28 a.m.

A lawsuit filed against the Turkish Republic of Northern Cyprus in U.S. District Court for the District of Columbia over a cancelled Julio Iglesias concert is on its last legs after a federal judge dismissed the claims against Northern Cyprus last week.

The Grammy Award-winning singer was scheduled to perform at a hotel in Northern Cyprus in late 2010, but cancelled amid pressure from the Republic of Cyprus, which doesn't recognize Northern Cyprus as a separate foreign state. The hotel sued Iglesias' talent agency, International Creative Talent Agency LLC, to recover fees paid to Iglesias in advance, and the talent agency filed a lawsuit of its own against the hotel and the government of Northern Cyprus, claiming the contract was invalid.

U.S. District Judge James Boasberg dismissed (PDF) the claims against Northern Cyprus on April 24, finding that the court lacked subject-matter jurisdiction to hear the case. Noting that the agency has yet to serve the hotel and its parent company, Boasberg gave the agency until May 8 to explain why he shouldn't dismiss the rest of the case.

Financial Services Lobbyist Jumps from Blank Rome to King & Spalding

Lobbyist J. Caleb Boggs III has left Blank Rome for King & Spalding, his new firm announced on Monday.

Boggs, the grandson of the late-Sen. J. Caleb Boggs (R-Del.), is a partner in King & Spalding's government advocacy and public policy practice, focusing on the financial services industry. He had been at Blank Rome since 1999, becoming a partner in 2003.

The lobbyist said he had good colleagues at Blank Rome, making it feel “like home.” But Boggs said he is also at home at King & Spalding.

“I moved for all of the right reasons and good reasons you move to a firm,” he said.

In Roger Clemens Trial, Congressional Investigator Defends 2008 Hearing

A lead congressional investigator in the Roger Clemens case on Monday defended the propriety of the February 2008 hearing at which the former Major League Baseball star denied using performance enhancing drugs during his career.

Phil Barnett, who was the staff director of the House of Representatives oversight committee in 2008, said the highly publicized hearing allowed members of Congress to ask Clemens questions that were not asked in a deposition that some month. Barnett also said the hearing gave Clemens a chance to tell his version of events.

Prosecutors are using Barnett’s testimony to establish the legitimacy of the oversight hearing, which is the centerpiece of the obstruction and perjury prosecution against Clemens. The former pitcher was charged in Washington in 2010 with lying to Congress when he said he did not take drugs during his lengthy and celebrated baseball career.

Clemens has consistently denied taking drugs. His defense attorneys, led by Houston’s Russell “Rusty” Hardin Jr., have criticized the merits of the 2008 congressional hearing, questioning whether it served any credible purpose. The committee, Hardin has said, knew Clemens would deny injecting performance enhancing substances, including human growth hormone. “Let me be clear. I have never taken steroids or HGH,” Clemens said at the hearing.

Former EEOC Commissioner Appointed to Consumer Financial Agency Diversity Post

Stuart Ishimaru has been hired as the head of the Consumer Financial Protection Bureau's newly established Office of Minority and Women Inclusion, which is charged with promoting diversity within the agency and at the financial institutions it regulates.

On April 12, Ishimaru announced he was stepping down as a commissioner at the U.S. Equal Employment Opportunity Commission. A Democrat, Ishimaru served as a commissioner since his appointment by President George W. Bush in 2003. His second term would have expired July 1.

After Three-Decade Run, D.C. Boutique Janis, Schuelke & Wechsler Dissolves

Updated 2:38 p.m.

Janis, Schuelke & Wechsler, a Washington boutique firm known for its white collar criminal defense, has dissolved, according to a letter posted on the firm’s website.

In the letter, name partners N. Richard Janis, Henry Schuelke III and Lawrence Wechsler announced they are ending their six-lawyer shop, effective today. The letter cites a “need to accommodate differing goals and time commitments for the remainder of our careers, as well as a desire to ensure that all of our employees are well situated in the coming years,” as the reasons for the break up.

Schuelke and Wechsler are joining Blank Rome in Washington as partners, with former Janis Schuelke attorneys William Shields and Ariel Glasner joining Blank Rome as counsel and associate, respectively. Janis heads to Manatt, Phelps & Phillips, to be joined by Janis Schuelke colleague Jennifer Sincavage as an associate.

D.C. Superior Court Welcomes Former Defense Attorney as New Judge

District of Columbia Superior Court Judge Danya Dayson, a former criminal defense and family law attorney, was sworn in to the court on Friday.

Dayson was one of three new judges confirmed by the Senate in November to Superior Court. Although she's been serving on the bench since then, Friday's ceremony marked her formal admittance to the court.

Before joining the bench, Dayson was an associate at Washington's O'Toole, Rothwell, Nassau & Steinbach, where she handled criminal litigation and led the firm's domestic relations practice. Name partner Jeffrey O'Toole, in his remarks Friday, said Dayson is "driven by a sense of fairness" and possesses "that critical intangible" that makes for successful judges.

Carter Phillips to Lead Sidley Austin

Veteran Supreme Court advocate Carter Phillips will become chair of Sidley Austin's worldwide executive committee in 2013, the firm announced Sunday.

Phillips, who has been managing partner in the firm's 275-lawyer Washington office for 17 years, will succeed Thomas Cole, who turns 65 next year. Cole and Phillips will serve as co-chairs of the firm for a one-year transitional period. The executive committee exercises general authority over the policies and business of the firm, which has approximately 1,700 lawyers nationwide. Sidley is based in Chicago.

In a firm statement issued Sunday, Phillips said he intended to remain in D.C. and "continue to maintain an acitve practice." Phillips said he was honored to be appointed to the new role, and credited Cole and management committee chair Chuck Douglas for transforming Sidley into "a law firm with a powerful global footprint while retaining a collaborative and supportive culture that is the envy of most professional organizations."

This Week in The National Law Journal

Bankruptcy cools off: As part of a special report on the corporate bankruptcy landscape in 2011, Amanda Bronstad reports that while fewer businesses filed for bankruptcy, law firm bankruptcy practices weren't hit too hard.

Courthouse funding crunch: Todd Ruger reports on how federal court administrators nationwide are adjusting to expected cuts in congressional spending for new courthouse construction.

State bar wants to call the tune: The State Bar of California is mulling whether to impose a practical skills training requirement on lawyers applying for admission. Karen Sloan reports that some legal academics are calling the move unnecessary and warning that it could stifle innovation.

The Morning Wrap

Investigating: The Manhattan District Attorney's Office has initiated a criminal investigation of former Dewey & LeBoeuf chairman Steven Davis, The Am Law Daily reports. The firm also has launched an internal probe.

Dreaming: Al-Qaeda still is dreaming of a major attack on American soil a year after U.S. Navy commandos killed Osama bin Laden, The Associated Press reports. Although it is weaker after bin Laden's death, the terrorist group still could act, U.S. officials say.

Backfiring: Some law firms' decisions to take on debt to expand around the world and bring star lawyers on board are backfiring, The Wall Street Journal reports. "If everything goes well, it was a brilliant strategy," said Bill Brennan, a principal with legal consulting firm Altman Weil Inc. "If the partners don't deliver the revenue that they promised, the debt is still there, and there's no money to pay it."