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W.Va. lawyer nominated to federal appeals court
Attorney News | 2011/09/09 08:51
President Barack Obama has nominated Hamlin native Stephanie Dawn Thacker as a judge on the 4th U.S. Circuit Court of Appeals.

Thacker has been a partner in the Charleston law firm of Guthrie & Thomas since 2006.

Before that she spent seven years with the U.S. Department of Justice. Her work as a trial attorney there focused on prosecution and training in connection with child pornography and sexual exploitation, sex trafficking, obscenity and other offenses.

She also served as an assistant federal prosecutor and worked for the state attorney general's office.

The U.S. Senate must now consider Thacker's nomination to the Richmond, Va.-based court. The seat became vacant after the March death of Judge Blane Michael.

The 15-member court covers North Carolina, South Carolina, Maryland, Virginia and West Virginia.





Former U.S. attorney Lampton dies at 60
Attorney News | 2011/08/19 08:59
Dunn Lampton, a former U.S. attorney in Mississippi who prosecuted two civil rights-era cold cases and a complex corruption case involving a wealthy attorney and state judges, has died. He was 60.

Among Lampton's best known cases was the prosecution of James Ford Seale, a reputed Ku Klux Klansman who died in prison this month. Seale was convicted in 2007 of two counts of kidnapping and one of conspiracy to commit kidnapping in the 1964 deaths of Henry Hezekiah Dee and Charles Eddie Moore, both 19.

Lampton died Wednesday evening, according to former acting U.S. Attorney Donald Burkhalter, one of the prosecutors who served after Lampton's 2009 retirement

"He was a hell of a trial lawyer and he did a good job as U.S. attorney," Burkhalter said Thursday. "I think he always tried to do the right thing."

The cause of death was not immediately released, but Lampton had been in declining health. The U.S. attorney's office said the funeral will be at 1 p.m. Saturday at Covenant Presbyterian Church in Jackson. Burial will be private.

President George W. Bush appointed Lampton as U.S. Attorney for the Southern District of Mississippi in September 2001, putting him in charge of federal prosecutions in 45 counties.

Among the highlights of Lampton's career were prosecutions in two civil rights-era cases that led to the convictions of reputed Klansmen Seale and Ernest Avants.


Kansas lawyer gets nearly 4 years for Texas fraud
Attorney News | 2011/08/10 05:58
A lawyer from Kansas has been sentenced to nearly four years in prison over a $2.3 million Ponzi scheme in Texas.

A federal judge in Beaumont on Tuesday sentenced 62-year-old Clifford R. Roth of Leawood, Kan. Roth pleaded guilty March 14 to interstate transportation of money taken by fraud. Roth also must repay more than 20 investors.

Investigators say Roth in 2007 began offering an investment opportunity to purchase a bank in Oklahoma and open a branch in Beaumont. Roth instead used the funds to pay his personal expenses and early investors.




Top U.S. class-action lawyer coming to Canada
Attorney News | 2011/05/10 09:26
Ontario’s move to allow American-style shareholder class-action lawsuits has attracted a feared and revered Wall Street plaintiffs’ lawyer to the province just as the pendulum is swinging away from similar suits in the United States.

Michael Spencer, a senior partner who sits on the executive committee at Milberg LLP – one of the original class-action firms – is preparing to practise law in Canada.

He was most recently a lead counsel in the Vivendi SA shareholder lawsuit that left the French media company facing an eye-popping $9.3-billion (U.S.) damage award for misleading investors.

The size of that award was reduced by the courts. But Mr. Spencer, who recently led a U.S. class action against a French company on behalf of American, French, British and Dutch investors, is at the epicentre of the globalization of securities class actions.

That epicentre will soon be stationed part-time in the offices of Kim Orr Barristers PC, a Toronto class-action boutique, working on Canadian and cross-border cases.

Mr. Spencer makes no bones about why, at the pinnacle of his career, he is prepared to swap the perks of a privileged life in Manhattan for Toronto. It’s because of Ontario’s Bill 198, enacted in 2005, which allows shareholders who buy stock on the open market to sue if they feel a company misrepresents its financial situation.

Ordinarily, an amendment to provincial securities law would not attract the attention of someone in Mr. Spencer’s ambit, but these are not ordinary times for U.S. class-action lawyers.



PAUL M. SMITH TO RECEIVE 2010 THURGOOD MARSHALL AWARD
Attorney News | 2010/08/02 08:51
The American Bar Association Section of Individual Rights and Responsibilities will honor civil liberties and human rights attorney Paul M. Smith with the Thurgood Marshall Award, which will be presented Saturday at the ABA Annual Meeting in San Francisco.  The event will be held at the San Francisco Marriott Marquis beginning at 8 p.m.

A partner in the Washington, D.C. office of Jenner & Block, Smith is one of the country’s leading lawyers in the areas of First Amendment litigation and appellate advocacy.  He has presented oral argument in more than a dozen Supreme Court cases, including his groundbreaking advocacy in Lawrence v. Texas, the landmark gay rights case that is often compared in significance to the Brown v. Board of Education case, which was argued and won by Thurgood Marshall. 

Smith has not only led the way in advancing lesbian, gay, bisexual and transgender civil rights, but has also been a leading advocate in addressing voting rights issues, including arguing three times before the U.S. Supreme Court in voting rights matters since 2004. His most recent argument was in Crawford v. Marion County Election Board, a 2008 case challenging an Indiana voter ID law.  The case has been called the most significant election law case to reach the court since Bush v. Gore in 2000. Smith has also been a leader in advancing freedom of speech issues, especially with regard to the application of the First Amendment to the Internet and video games. 

The Thurgood Marshall Award recognizes substantial, long-term contributions to the advancement of civil rights, civil liberties and human rights in the United States.  The section established the award in 1992, conferring the inaugural award upon U.S. Supreme Court Justice Thurgood Marshall.  Since that time, recipients have included:

1993     Judge Frank M. Johnson                                    1994     Oliver W. Hill

1995     Ralph S. Abascal                                              1996     Jack Greenberg

1997     Judge Damon J. Keith                                        1998     Stephen B. Bright

1999     Associate Justice Ruth Bader Ginsburg                2000     Judge Revius Q. Ortique, Jr.

2001     Judge William Wayne Justice                            2002     Judge Don Edwards

2003     Dale Minami                                                    2004     Fred D. Gray

2005     Judge Abner J. Mikva                                        2006     Julius Chambers

2007     Judge Matthew J. Perry, Jr.                                2008     Judge Nancy Gertner

2009     Former Attorney General Janet Reno

The keynote speaker for this year’s event will be Pamela S. Karlan, the Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford Law School, and the founding director of the school’s Supreme Court Litigation Clinic.  One of the nation’s leading experts on voting and the political process, Karlan has served as a commissioner on the California Fair Political Practices Commission and an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund.  She is a former law clerk of Justice Harry A. Blackmun of the U.S. Supreme Court and Judge Abraham D. Sofaer of the U.S. District Court for the Southern District of New York.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.



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