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Two Attorneys Emerge in Detroit Mayor Case
Legal News | 2008/04/09 15:53

Lawyers Kym Worthy and Dan Webb are a pair of ferocious competitors in the courtroom. That's both good news and bad news for the mayor.

Worthy, a prosecutor, and Webb, a defense attorney, have emerged as the legal faces of a text-messaging sex scandal that has embroiled Mayor Kwame Kilpatrick and his former top aide.

Worthy, the first black attorney and first woman to head the Wayne County prosecutor's office, is seeking to prove Kilpatrick lied under oath. Webb is a high-priced litigation gunslinger aiming to keep the mayor out of prison.

Slight of build, the 62-year-old Webb is considered a legal heavyweight in the courtroom, ranked among the nation's top trial lawyers by several publications.

"I hate failing. That's more of my driving force, why I work as hard as I do," he said last week while preparing other cases in San Francisco, Las Vegas and St. Louis.

A big part of Worthy's success is her focus. That's what she preaches to the team of assistant prosecutors preparing for Kilpatrick's next court hearing.

"I spent most of my weekends and holidays here in the library," said Worthy, 52, looking back at her career. "I tried to cross every 'T' and dot every 'I.' Too many things can go wrong in a trial."

Kilpatrick has been besieged since late January, when the Detroit Free Press published excerpts of sexually explicit and embarrassing text messages left on the city-issued pager of his then-Chief of Staff Christine Beatty.

The messages contradict testimony both gave last summer during a whistle-blowers' lawsuit when Kilpatrick and Beatty denied having a romantic relationship in 2002 and 2003. Kilpatrick also is accused of lying under oath about his role in the firing of a top police official.

The text messages also were referenced in a confidential agreement that led to the city settling that lawsuit and a second whistle-blowers' suit for $8.4 million.

After a two-month investigation, Worthy filed multiple felony perjury, misconduct and obstruction of justice charges against Kilpatrick and Beatty. Convictions could send each to prison, and force Kilpatrick from his perch as Detroit mayor.

The embattled mayor is the latest of Webb's high-profile clients. He's represented tobacco giant Philip Morris on racketeering charges and computer giant Microsoft in an antitrust trial.

Former U.S. Attorney Patrick Collins crossed swords with Webb in a six-month corruption trial of former Illinois Gov. George Ryan, who is serving a prison sentence on a fraud and racketeering conviction.

"Dan is a tenacious competitor," said Collins, now a defense attorney. "He's a competition junkie, and I think he loves the action and he's very good at his craft."

Worthy, who moved often while growing up with her military father and earned her law degree from the University of Notre Dame, pursued a law career because of what she didn't see.

"I can only say my father told me I could do anything I wanted," she said. "There were no lawyers in my family. When I watched TV, I didn't see any African American lawyers. They didn't even have black police officers on TV back then."

After two years as a contract worker for the Wayne County prosecutor's office, she was hired on as an assistant prosecutor in 1986. In 1992, an unemployed black steel worker named Malice Green was beaten to death during a confrontation with several white Detroit police officers.

The case put the young, black, female assistant prosecutor on the nation's stage and in the daily glare of cable television. She won second-degree murder convictions against two of the officers.

"She is highly skilled and she could work the courtroom. She prepares as well, if not better, than anybody," Detroit defense attorney Carole Stanyar said.

Webb also is no stranger to the spotlight. He's cross-examined former President Ronald Reagan and won a conviction against U.S. Navy Admiral John Poindexter in the Iran-Contra affair.

Although he would have preferred playing second base for the St. Louis Cardinals, Webb said he discovered his love for law growing up in the small farming community of Bushnell, Ill., about 170 miles southwest of Chicago.

"Somewhere before I got out of high school, I decided I was going to be a trial lawyer come hell or high water," said Webb, who took law classes at night at Loyola University while holding full-time banking jobs.

"I didn't have any money. I was broke," Webb joked. "That's why I worked my way through law school. I knew I didn't want to do banking work."



Discovery Across Borders
Legal News | 2008/04/09 15:51

You are a United States company but a global citizen. Your shares are traded on U.S. exchanges. You have sales forces in Europe, manufacturing in Asia, and your eyes on the Middle East. It used to be that only the largest companies had a broad international reach. Now, it seems corporations of all sizes, in order to be competitive, must carefully consider overseas operations. While technology has made transition into the new global economy easier, it also creates special risks.

Imagine the following: You wake up one morning to a flurry of activity in France, where regulators have raided your main sales office seeking documents and information regarding alleged kickbacks to a key customer. You are asked to turn over hard drives, backup tapes and access to your servers. A reporter from Le Monde picks up the story, and by the time the U.S. opens for business there is a story on WSJ.com. Your stock price falls throughout the day; by the end of the week a leading class action law firm has announced the filing of a securities fraud case. The Securities and Exchange Commission (SEC) asks for information about your global sales practices and accounting policies.

Suddenly, you are faced with a swirl of information demands and document preservation obligations. French regulators want to cart your computers away-but the SEC wants the information they contain. American plaintiffs' lawyers will want it as well, and there's no telling whether additional regulators or litigants will become involved.

In today's business, all information is electronic. Paper may have been heavy, hard to store, and time-consuming to review-but it was a tangible thing, easy to inventory, and it tended to be limited in volume, even in the largest cases. More importantly, identifying relevant documents for preservation or production was relatively easy: Either a document was in your possession or custody, or it wasn't, and if it wasn't, either you controlled the people who had it, or you didn't. Electronic communication has led to exponential increases in the amount of data that companies store, and the locations where the information is stored: desktops, laptops, servers, PDAs, BlackBerries™, smart phones, optical drives, thumb drives, iPods™ and more.

Unless you spend a great deal of time talking shop with your IT managers, you probably don't know how many e-mail or file servers your company uses. You probably don't know exactly where your electronic documents are stored, what happens to your e-mails after you delete them, or how frequently your company's servers are backed up to tape. Are you prepared for information discovery across borders? Do you understand how to preserve, collect and analyze data in a way that will meet the requirements of foreign as well as U.S. courts and regulatory bodies? Are you sure?

If you operate internationally, you must be cognizant not only of a patchwork of laws and regulations-many of which could conflict-but also of cultural differences that affect your response to requests for electronic information.

The initial stage in any litigation or regulatory effort is to ensure preservation of relevant materials. But an international scope makes this far more complicated than just issuing a directive to employees to stop deleting e-mails or drafted documents. You need to know where information is located, how it is stored, when it is backed up, and whether backups are rotated or destroyed. Automatic deletion or rotation policies mean that if you do nothing, you may lose files that are subject to a regulatory or litigation request.

Data collection also is far more complicated in an international context than in a purely domestic one. Local laws may prohibit an employer from searching employee e-mail files. As a cultural matter, most Americans are accustomed to the idea that an employee's computer and e-mail account belong to the employer. Outside of the U.S., the cultural understanding is frequently just the opposite: An employee's computer and e-mail account are considered private, and it may be a criminal offense to invade that privacy. Collection of data outside the U.S. may be seen as coercion by an employer, and it may lead to labor union grievances or complaints.

Once the information is collected, getting it reviewed and produced to a U.S. regulator or litigant is also no simple matter. Data privacy and blocking statutes in Europe, Asia and South America may forbid the transfer of personal data outside of their borders to an "unprotected" jurisdiction like the United States-and personal data include names, e-mail addresses and office phone numbers. Indeed, special procedures may be required before individuals outside a company-including the company's outside counsel-may review the data. And local laws may dictate that only data specifically responsive to a request may be exported, requiring counsel to review materials locally rather than shipping them to the U.S. to one centralized location, as is normally done in U.S. litigation

Do not expect, however, any sympathy from U.S. regulators or plaintiffs' lawyers. U.S. regulators are skeptical of data protection laws and may take the view that international companies hide behind them to avoid cooperating with the regulators' investigations. U.S. courts may not be more understanding. The Supreme Court has held that U.S. discovery rules presumptively apply in civil litigation involving an international company, even if producing data in response to a discovery request would be unlawful in the international company's host jurisdiction.



9th Circuit Declines Serial ADA Plaintiff's Appeal
Court Line | 2008/04/08 14:29

The 9th Circuit refused to reconsider wheelchair-bound activist Jarek Molski's challenge to an order requiring Molski and his attorneys at the Frankovich Group to obtain special permission before filing any new lawsuits in the U.S. District Court for the Central District of California.

    U.S. District Judge Edward Rafeedie labeled Molski a vexatious litigant after he crusaded across the state, filing discrimination claims against businesses that failed to properly accommodate disabled patrons. His lawsuits sought large damages and usually settled quickly.

    A three-judge panel affirmed the orders against Molski and his preferred law firm in a decision the full 9th Circuit declined to reconsider. But eight judges signed Judge Berzon's dissenting opinion, in which he called for less Draconian sanctions that do not "infringe the fundamental right to access the courts."


Sirote & Permutt expands mortgage banking practice
Uncategorized | 2008/04/07 18:06

Sirote & Permutt PC recently expanded its mortgage banking litigation practice to assist financial services and mortgage banking companies with legal challenges surrounding the subprime mortgage banking crisis.

The Birmingham-based firm repositioned 16 lawyers into the team with industry-focused knowledge. The team will be led by Sirote Shareholder C. Lee Reeves, according to the press release.

"Because of the challenging environment that exists today and because of our heavy involvement in mortgage banking generally, we have prioritized the importance of our mortgage banking litigation group to best take care of the needs of our clients."

Sirote & Permutt PC operates offices in Birmingham, Huntsville and Mobile.

Birmingham Business Journal - by Crystal Jarvis Staff


Attorney: SC Firm, Railroad to Settle
Law Firm Topics | 2008/04/07 15:17

A textile company that closed after a train wreck and toxic chemical spill in 2005 settled a lawsuit with a railroad company, ending a trial that began a month ago, an attorney for the firm said Monday.

Avondale Mills, Norfolk Southern railroad and the mill's insurance company reached a deal over the weekend, said attorney Terry Richardson. He said the agreement did not allow him to release the details of the settlement.

Avondale Mills sued Norfolk Southern for $420 million in damages, claiming equipment at the firm's Graniteville facilities was covered with corrosive chemicals and it would have cost more than the business was worth to clean the buildings and replace the machinery.

On Jan. 6, 2005, a Norfolk Southern train veered off the main track onto a spur, rear-ending a parked train whose crew had failed to switch the tracks back to the main rail. The wreck ruptured a car carrying chlorine and released a poisonous cloud over the mill town of Graniteville. Nine people died and 250 were injured. Some 5,400 people were evacuated.

Richardson said Norfolk Southern should be held accountable because the railroad knew members of the crew operating the Graniteville tracks the night before the crash had been working long hours in violation of company rules.



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