Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

10 July 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 14 of 2009
Useful Links
and Items of Interest  
 

United States

Courts

US seeks 145-year sentence for lawyer in fraud case - 8 July
The government has recommended that a federal judge in Manhattan impose a 145-year sentence on Marc S Dreier, the prominent New York lawyer who has pleaded guilty to a fraud scheme that bilked hedge funds and other investors out of at least $400 million. - New York Times website

Does lawyer who bares sole have an ace in the hole? - 27 June
The holes in the soles of a lawyer's shoes have become a legal issue during a civil trial in the Palm Beach County Courthouse. Defense lawyer Michael Robb has been showing up in Circuit Judge Donald Hafele's courtroom with a pair of black tasseled Cole Haan loafers that have visible holes in both soles. "I've had pretty good luck with these shoes", Robb said. "They're comfortable and I wear them". But they bothered the opposing lawyer, Bill Bone, who characterized the shoes in a court motion as part of Robb's trial strategy. - Palm Beach Post website

Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida
Case no: 502005 CA 004986 XXXX MB AG
Boyd Lenkersdorf and Mary Lenkersdorf v Michael Sorrentino, Willie Clarke and Leila Clarke
Plaintiff's Motion to Compel Defense Counsel to Wear Appropriate Shoes at Trial

Cerabino : story behind controversial court column - 4 July
I spoke to Robb, who found it all very funny, and supplied me with a slew of quotable lines about his beloved 12-year-old pair of Cole Haan loafers. He even offered to spell Cole Haan for me, and at the end of the conversation asked me if I had enough fodder for my column. I then called Bone, whose reaction couldn't have been more opposite. He immediately told me that if I wrote about the case, there would be a mistrial, and that it is unethical for me to write about an ongoing case, adding that he wondered how I could go to sleep at night and that this is why newspapers are in financial trouble. After his blustery monologue, he ordered me not to use anybody's name in my column, and by the way he was saying it, I think he really thought he had the power to do that. When questioned about the column by the judge, the jurors said that the column didn't have any effect on their deliberations. They just thought it was funny. So what's the mistrial about? Robb argued that the column disparaged him, even though the judge ruled he could keep his shoes. - Palm Beach Post website

See also : South Africa. New GM ready to emerge from bankruptcy protection

Cyberlaw

'MySpace Mom' acquitted in cyberbullying case - 2 July
The Missouri mom whose Internet hoax prompted a 13-year-old girl to commit suicide was acquitted Thursday, though the judge said the ruling would not be final until he put it in writing – hinting he could still change his mind. The case was being closely watched by legal experts nationwide. It is one of the first to define how law enforcement might prosecute crimes related to the growing issue of cyberbullying. The ruling reveals the limits of the law in cracking down on the growing problem of bullying online. Prosecutors had asked for the maximum sentence – 3 years in jail and $300 000 fine, but a Los Angeles jury decided in November that Drew was guilty only of three misdemeanors for accessing computers without authorization. At Drew's sentencing Thursday, US District Judge George Wu tossed out Drew's conviction, essentially saying it would have set too dangerous a precedent. If she was found guilty of this, the judge said, any Internet user who did''t follow the terms of agreement of a website could suddenly face criminal charges. - Christian Science Monitor website

See also :
Woman convicted of 3 misdemeanors in Web suicide case
- 26 November
Mercury News website
[InfoUpdate 33 of 2008]

Entertainment

Jackson leaves estate to family - 2 July
Michael Jackson's will has been filed in a Los Angeles court, giving his entire estate to a family trust. The document reveals that the star "intentionally omitted" to provide for his former wife, Debbie Rowe. Jackson's long-term friend and singer Diana Ross is named as a guardian for his three children should his mother be unable to take care of them. The star's five-page will is dated 7 July, 2002. It estimates his estate to be worth more than $500m (£303m), and gives it to The Michael Jackson Family Trust. The trust will benefit his three children, his mother and unnamed charities. - BBC News website

Jackson's former wife 'undecided' - 3 July
The late Michael Jackson's ex-wife, Debbie Rowe, is undecided over whether to fight for custody of their two children, her lawyer has said. - BBC News website

Despite a will, Jackson left a tangled estate - 6 July
New York Times website

Jackson's mother removed as administrator of his estate - 7 July
Michael Jackson's mother was stripped of control of his estate last night as she prepared to lay her son to rest at Hollywood's "cemetery of the stars". Katherine Jackson's lawyers had opposed the legal effort to appoint lawyer John Branca and music executive John McClain as co-executors of her son's estate in line with his 2002 will. "Mrs Jackson has concerns about handing over the keys of the kingdom just yet. She feels it is too soon", John Schreiber, her lawyer, said. Judge Mitchell Beckloff, of the Los Angeles Superior Court, ruled that Mr Branca and Mr McClain should be put in charge of Jackson's assets until a hearing on August 3. - Times Online website

Deductibility of Michael Jackson's funeral expenses - 9 July
TaxProf blog

Jackson foul play 'not ruled out' - 10 July
The head of Los Angeles police has refused to rule out murder in the investigation into the death of singer Michael Jackson, two weeks ago. Police Chief William Bratton told US news broadcaster CNN that police were awaiting toxicology results. - BBC News website

Finance

Madoff's luxury penthouse seized - 2 July
US marshals seized the $7m Manhattan penthouse of imprisoned fraudster Bernard Madoff, forcing his wife Ruth to move elsewhere. A spokesman for the US Marshals Service said Mrs Madoff was present when agents took possession of the apartment. - BBC News website

Judiciary

Justice Ginsburg : an affirmative action baby? - 9 July
Liberal and conservative clerks alike generally cite Justice Ruth Bader Ginsburg as one of the sharpest and most self-sufficient - ie, least clerk-dependent and clerk-driven - of the current justices. So some may be surprised by these tidbits, from RBG's fascinating interview with Emily Bazelon. - Above the Law website

Labour Issues

Lawsuit of the Day : 'Big Boob Friday' is a problem? Who knew? - 8 July
There is an interesting employment discrimination complaint coming out of Connecticut today. A local news anchor claims that she was discriminated against due to her age and gender by Fox 61. The heart of forty-year old Shelly Sindland's complaint isn't just that Fox 61 created a hostile work environment. She also alleges younger women were given better assignments and better time slots although she was the most senior reporter at the local news channel. "On or about December 28, 2007,1 was informed by news Director Bob Rockstroh that Laurie Perez, a reporter with no children and with less experience than me, would go to Iowa to cover the Iowa Caucus. I had pitched this story several times. I asked Rockstroh why, as the political reporter, I was not selected to go to Iowa, and I also expressed my disappointment that Laurie, and not I, was selected to go. On or about December 31, 2007, Rockstroh replied that he and Assistant News Director Amy Fabozzi-Mattison had not selected me because of "childcare issues," including that I had "stress" about getting to the daycare center on time. I did not then, and do not now, have my daughter in a daycare center". - Above the Law website

Miscellaneous

Lawsuit of the Day : can I take back that one million dollar challenge? - 7 July
In December 2006, Dateline reported on the execution-style murders of four people at a Florida business. Nelson Serrano, a wealthy businessman, was convicted of the deaths and is now on death row. During the course of the report, Dateline interviewed Serrano's defense attorney, James Cheney Mason. The murders happened in Central Florida and Mason claimed there was only a 28-minute period during which Serrano could have gotten from the Atlanta Airport to his hotel. Transcript : "Mason : I challenge anybody to show me, I'll pay them a million dollars if they can do it". Law student Dustin Kolodziej accepted the challenge, taped his journey and sent it to Mason along with a request for the one million. Mason wrote back to say, uh, no, and that he would "consider any further communications from [Kolodziej] to be in the nature of attempted extortion and/or mail fraud, and [would] act accordingly". So, Kolodziej switched from the postal system to the courts, filing a one million dollar breach of contract complaint. - Above the Law website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society