The National Law Journal's L.A. Legal Pad

Dole files suit against 'Bananas!' filmmakers

Dole Food Co. has filed a defamation suit in Los Angeles against two Swedish filmmakers whose recently screened documentary chronicles a lawsuit alleging that workers in Nicaragua were rendered sterile after being exposed to the pesticide DBCP on Dole's banana farms.

The suit was filed one day after a panel of the California 2d District Court of Appeal ruled that the 2007 jury award of $5.8 million in damages to six Nicaraguan workers should be reviewed in lower court to determine whether it was tainted by potential fraud.

Last month, "Bananas!", directed by Fredrik Gertten and produced by Margarete Jangard of Sweden's WG Film AG, was screened during Film Independent's Los Angeles Film Festival. According to Dole, the film excluded all mention of the fraud finding.

Full story at NLJ.com.

Senate bill says lay off lawsuits offering discounts to furloughed workers

Since Governor Schwarzenegger ordered the 235,000 state workers under his authority to start three-day furloughs per month, Sacramento-area businesses have marketed to furloughed workers with targeted discounts on everything from lift tickets to oil changes. 

After learning that a San Diego attorney cited the Unruh Act to threaten discrimination lawsuits against businesses that cut prices for furloughed state workers, Senate Bill 367 was authored by Sens. Gloria Negrete McLeod and Tom Harman.  The bill would allow businesses to offer discounts to the furloughed workers with violating Unruh.

Senate Bill 367 also has the backing of the Consumer Attorneys of California.

The 50-year-old Unruh Act says businesses must give "the full and equal accommodations, advantages, facilities, privileges, or services" to everyone, "regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation."

The Assembly Judicial Committee will consider the bill today.

Full story here.

'Larger than life' lawyer back in business

After a nearly year-long fight to clear himself of charges of illegally funneling money to John Edwards' campaign, Pierce O'Donnell found those charges either dismissed or dropped by mutual agreement.  And so, as he says, "I have my life back."

O'Donnell talks about his 15-year life in the law (not the past couple of years, though, on advice from his own lawyers) and his battle with manic depression in Michael Hiltzik's column.  Read the full LATimes profile here.

More arrests in gang takedown effort

Following a similar takedown this past May, federal authorities announced yesterday that 11 additional members of the Varrio Hawaiian Gardens street gang had been arrested.  Additionally, 16 members and associates from other gangs wanted on state and federal charges were taken into custody as a part of Operation Knock Out.

Federal agents also seized eight firearms, more than 400 rounds of ammunition, one pound of methamphetamine and an antiballistic vest during raids in four Southern California counties.

The 11 suspected Varrio gang members went before a federal judge yesterday.  U.S. Magistrate Judge Fernando M. Olguin determined that six defendants should be held without bond, while setting bond for two women in the case and detention hearings for three others.  All 11 defendants are scheduled to be arraigned Monday in U.S. District Court, where they are all expected to plead not guilty.

Click these for details.

MGA swaps counsel for Orrick

The manufacturer of Bratz dolls has replaced its lawyers for the second time this year in preparation for the next phase of its long-running copyright battle with Mattel Inc.

In a July 7 order, Larson approved MGA's request to replace its current attorneys — Patricia Glaser, of Los Angeles-based Glaser, Weil, Fink, Jacobs, Howard & Shapiro, and Russell J. Frackman, a partner at Los Angeles-based Mitchell Silberberg & Knupp — with a team of attorneys from Orrick, Herrington & Sutcliffe led by Annette L. Hurst in San Francisco. Three other Orrick attorneys — Melinda Haag, Warrington S. Parker III and William A. Molinski — are joining MGA's legal team, as well.

The counsel swap is the second so far this year for MGA, which in January replaced Thomas Nolan, a partner in the Los Angeles office of New York's Skadden, Arps, Slate, Meagher & Flom, with Glaser and Frackman. Nolan, co-chairman of Skadden's West Coast litigation practice, handled the jury trial last year.

Full story at NLJ.com.

Ziffren Brittenham founding partner gifts UCLA Law School with $1M

Ken Ziffren, founding partner of Ziffren Brittenham and chairman of the UCLA School of Law $100-million endowment campaign, has given a $1 million leadership gift to the school. The gift is in both his and his wife Ellen's names.

In addition to founding one of the nation’s leading entertainment and media law firms, Ziffren is also an adjunct professor at UCLA School of Law and a member of its '65 graduating class. Moreover, he helped to found the law school’s Entertainment and Media Law and Policy Program and was the school’s Alumnus of the Year in 1995.

The Ziffrens' gift puts the campaign, scheduled to conclude in 2013, at close to $65 million.

Full story here.

L.A. area lawyers just beat it for Jackson memorial

As tens of thousands of Michael Jackson fans poured into downtown Los Angeles' Staples Center for the King of Pop's memorial service on July 7, attorneys who work in offices just blocks from the star-studded event opted to stay home.

Quinn Emanuel Urquhart Oliver & Hedges has about 150 lawyers in its downtown office. The building, at 865 South Figueroa Street, had a fence around it and the entry and exit were tightly controlled as the memorial transpired, according to name partner William Urquhart. He and many others thought discretion the better part of valor and decided to work from home.

Full story at NLJ.com.

More vexation on the horizon for "vexatious litigant"

As if things weren't hard enough for Mitchell W. Roth.

In January, U.S. District Judge Manuel Real of Los Angeles declared Roth a vexatious litigant and ordered him to refund fees to nine clients. Then Bar prosecutors shut down Roth's three firm offices, citing his hospitalization for severe depression. Roth filed his resignation from the Bar in May.  And now he faces a lawsuit from Jerry Brown for allegedly bilking desperate homeowners with troubled mortgages out of thousands of dollars.

Roth's attorney, Leonard Sharenow of Los Angeles, declined to discuss specific accusations in the lawsuit but said that his client's "role was simply an attorney for these individuals who were referred to him. He believes he acted properly and he intends to defend himself."

Brown's complaint claims that Roth charged at least 2,000 homeowners substantial fees in exchange for false promises that he would help them escape foreclosure and improve their credit.

Full story at The Recorder.

Couple claims "knowing how to know" no treatment at all in Scientology suit

In a lawsuit filed June 29 claiming breach of contract, misrepresentation and attempts at religious conversion, Sarah Locatelli claims her husband, Daniel, received no drug treatment, education or otherwise for the $20,000 they paid to Narconon Southern California in Newport Beach and Narconon Joshua Hills in Palm Desert in February 2008. Instead, Daniel was subjected to homophobic slurs and forced to repeat Scientology claims, according to the suit.

The rehab homes are two of more than 100 Narconon homes worldwide that aim to rehabilitate people based on the program set out by L. Ron Hubbard, according to the organization's website.

The Locatellis were looking for a program to help keep Daniel off methamphetamines. They claim Narconon officials promised them a full refund but have yet to pay back the deposit.

Click here for the full story.

Cancer shmancer, pot is the answer, says MPP

State lawmakers are bitterly debating how to close a $26.3 billion budget deficit that likely means cuts to state services. The Marijuana Policy Project, unsurprisingly, has a suggestion via another 30-second television spot with the pitch that legalizing and taxing the drug could be the solution.

The ad will air on several cable news channels and network broadcast affiliates in Los Angeles, Sacramento and the San Francisco Bay area, according to the Marijuana Policy Project.

The group said in a statement that three California stations — KABC-TV in Los Angeles, KGO-TV of San Francisco and KNTV-TV in San Jose — refused to air the ad.

Click here for the full story.

Dewey gains Cooley defections

Three leading lights of Cooley Godward – Richard Climan, Keith Flaum and Eric Reifschneider – have defected to Dewey & LeBoeuf.

Leading M&A lawyers Climan and Flaum are rainmakers and longtime leaders at Cooley. Reifschneder was the head of Cooley’s tech transactions group.

A huge score for Dewey, which has struggled to even maintain a presence in Silicon Valley, the move shocked lawyers and recruiters throughout the state.

Full story at Cal Law Legal Pad.

Hayes back

After an eight-year absence, David J. Hayes has reclaimed both the California water portfolio and the title as deputy secretary of the Interior. Hayes will coordinate the Obama administration’s role in California water use.

This is familiar territory for the once-and-yet-again deputy secretary.  Between 1999 and 2001, Hayes focused on Colorado River conflicts and California’s Bay-Delta problems, among others. Public records show he was also a registered lobbyist for the Metropolitan Water District of Southern California after serving as deputy Interior secretary during the Clinton administration.

Now he will have to deal with proposals like the “Inter-tie” connecting California’s state and federal aqueducts and the $26 million “Two Gates” project that would permit more irrigation deliveries by protecting fish from being sucked into Delta-area water pumps.

We wish him luck.

Full story here.

Multitasking not a stretch for Estrich

Yesterday's Am Law Daily featured an interview with Susan Estrich, who wears three hats: lawyer at Quinn Emanuel Urquhart Oliver & Hedges, professor at the University of Southern California's law school, and political commentator on television and in syndicated newspaper columns.  She took time out of her busy schedule to talk about multitasking.  Check it out here.

Noted sports law attorney joins Arent Fox in Los Angeles

Arent Fox LLP today announced noted sports attorney Maidie E. Oliveau, 55, has joined the firm as counsel in its Los Angeles office.

Ms. Oliveau has worked on a number of major sports-related transactions, negotiating and administering more than 200 deals totaling over $600 million, including:(i) naming rights agreement for AT&T Park (formerly SBC Park and Pacific Bell Park) in San Francisco; (ii) the Detroit Pistons’ telecast rights to Fox Sports Net Detroit, the local regional sports network; (iii) the Tennis Channel agreement with the French Tennis Federation for the rights to telecast the Roland-Garros Grand Slam tournament; (iv) AstraZeneca’s CRESTOR brand sponsorship of the PGA Tour; (v) Fox’s acquisition of the Los Angeles Dodgers; and (vi) Sugar Bowl's title sponsorship deal with Allstate (and previously with Nokia and USF&G).

Arent Fox’s Los Angeles office was launched on January 1, 2007, when Washington, DC-based Arent Fox and Los Angeles-based litigation boutique O’Brien Abeles LLP combined their firms.

Click here for the full story.

Katherine Jackson no longer in control of her son's estate

Judge Mitchell L. Beckloff denied Katherine Jackson's request to remain temporary special administrator of her son's estate, replacing her with two longtime advisors of Michael Jackson, lawyer John Branca and music executive John McClain.

Branca and McClain were named co-executors in Jackson's 2002 will.

Another hearing is set for August 3, at which point Judge Beckloff will revisit the question of who should be named permanent administrator.

Click these for details.

9th Circuit: immigration petitioners not to blame for tangled bureaucracy

Lawyers in Los Angeles involved in representing immigrants seeking permanent residency in the United States are continually frustrated with multiple governmental agencies that often don't coordinate with one another. The problem is particularly acute in Los Angeles, which has more immigration judges than any other region and a noticeably crowded docket.

A recent decision by the 9th Circuit, however, says a busy calendar alone isn't necessarily enough reason to deny a continuance.

In its ruling, the 9th Circuit expressed concern about blaming a petitioner for delays caused by administrative agencies. Similar issues were raised in recent rulings by the 2d and 7th circuits, both of which sided with petitioners.

Immigration courts nationwide have experienced a 19% increase in the backlog of cases since 2006, according to a report issued in June by the Transactional Records Access Clearinghouse at Syracuse University that analyzes data about the federal government. The clearinghouse attributed the backlog to the shortage of immigration judges.

Full story at NLJ.com.

Environmental regulators call the pot kettle black

State environmental regulators last month voted to place marijuana smoke on its list of hundreds of substances known to cause cancer.  Scientists with the state's Office of Environmental Health Hazard Assessment found that marijuana smoke and tobacco smoke share 33 of the same cancer-causing compounds.

The measure would eventually require medical marijuana to carry a warning label telling of its potential cancer-causing risks.

The decision to list marijuana smoke as a cancer-causing agent falls under California's Proposition 65, a voter-approved measure that instructs regulators to identify substances that can cause cancer, birth defects or other reproductive harm.

First instituted in 1986, critics contend that the list of dangerous substances has grown absurdly long, including such common products as aspirin, gasoline, potato chips and French fries.

Click these for details.

Critics of LA police wanna be startin' somethin'

The Los Angeles police are under scrutiny for their actions following the death of Michael Jackson.  While the police say proper procedures were followed based on the circumstances officers encountered when they were called to the home, others are saying it should have been assumed a crime may have been committed and appropriate precautions taken. 

"If I was the chief detective on the case, I would have said, 'We don't know what's going on. We should seal the scene,'" said defense attorney Harland Braun, who has represented celebrities including Robert Blake, Roseanne and Gary Busey. "You always have to think of the worst-case scenario and you have to think fast. I would have sealed the scene just because it was Michael Jackson."

Vernon J. Geberth, former commanding officer of the Bronx Homicide Task force in New York, said that while the police should have known they were dealing with an extraordinary situation, the presence of a doctor made a difference. "It was not a homicide scene. It was an emergency medical scene."

The LAPD has not opened any review of its handling of the case, according to the Los Angeles Police Protective League, which represents rank-and-file LAPD officers.

Click here for the full story.

Also, the attorney general is getting involved.  More here.

Michael Jackson: The will has brought some fortune, but to whom?

Much has been made in several corners, including this one, about the debt Michael Jackson left behind in the wake of his passing.  However, according to the Los Angeles Times, the reality is Jackson's assets outweigh his debt by at least $200 million. This figure will probably grow in light of the considerable public hunger for Jackson music and memorabilia. 

Today, Superior Court Judge Mitchell Beckloff will take up the issue of who will now control the Jackson estate and his expanding fortune.  Lawyers for Jackson's mother, Katherine, 79, filed papers last week asking that she oversee the estate, but 48 hours later, two longtime Jackson associates filed a will the performer signed in 2002 naming them as executors.

The need for control is evident, as Jackson's image continues to appear on everything from T-shirts to commemorative plates.  At this juncture no one is legally empowered to crack down on unlicensed vendors or collect fees.

Full details here, which also includes some commentary by Lance Grode, adjunct professor at USC Law School.

'There is a lack of respect for law down there'

You may recall LALP reporting on the Nicaraguan farm workers' lawsuit against Dole that was ultimately thrown out by Judge Victoria Chaney (not to mention the resulting film).  In yesterday's OC Register Chapman University Law Professor Ronald Rotunda addresses the danger of accommodating "countries, like Nicaragua, that have adopted laws targeted against U.S. companies," adding that such practice "tilts the playing field against America."

Read the whole piece here.