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KIMBERLIN WILL GET TO TAKE HIS POT SHOT Convicted bomber Brett Kimberlin has spent more than a decade trying to make prison officials pay for preventing him from telling the press that he sold pot to Dan Quayle. It looks like he might finally get his wish. Last week, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia refused to throw out the 1990 case, ruling there is enough evidence in the record for a jury to decide whether Kimberlin’s rights were violated when prison officials placed him in solitary confinement in 1988. Kimberlin’s claims against the federal government were dismissed in 1998. But his actions against two former government officials — then-Bureau of Prisons Director J. Michael Quinlan and Loye Miller, then-chief of public affairs at the Justice Department — were allowed to go forward. The suit stems from Kimberlin’s claim that he sold marijuana to Quayle in the 1970s. The allegation was made just weeks before the 1988 presidential election; Quayle was the running mate of presidential hopeful George Bush. At the time, Kimberlin was serving a 51-year sentence at a federal prison in Oklahoma for international drug smuggling and a series of bombings. Kimberlin claims he was illegally locked in solitary confinement on two occasions by BOP officials to keep his story out of the national media on the eve of the election. His suit alleges the Bush-Quayle campaign and the Justice Department ordered the detainment. Quinlan maintains that the confinement was necessary for Kimberlin’s own protection the first time around; the second time was because the felon had broken prison rules regarding “third-party” phone calls. Kimberlin’s action has bounced around the District Court, the U.S. Court of Appeals for the D.C. Circuit, and the Supreme Court — primarily on the question of whether the government officials are immune from suit. In 1999, the D.C. Circuit found that Kimberlin had a constitutional right to contact with the press, and ordered the trial court to find whether Quinlan and Miller had a “valid reason” for interfering with that right. In a 26-page opinion, Judge Sullivan found that issues regarding Quinlan’s and Miller’s motivations should be decided by a jury. Michael Martinez, a Crowell & Moring partner who represents Quinlan and Miller, says he is disappointed with the decision, adding that “at this stage the case will either go to trial or settle.” Kimberlin, represented by Howard Rosenblatt of Howrey Simon Arnold &White, says he is thrilled to finally go to trial. The 48-year-old parolee does add, however, that he would entertain a good settlement offer. — Tom Schoenberg PENALTY FLAG FOR SNYDER’S LAWYERS Lawyers for Redskins owner Daniel Snyder ticked off a D.C. federal magistrate judge presiding over portions of a trademark case against Native American activists. Snyder’s Pro-Football Inc. is suing the activists in U.S. District Court for the District of Columbia for trying to have team trademarks revoked. According to a March 4 order, lawyers from White & Case and Shaw Pittman told Snyder during a June deposition not to answer questions about the value of Redskins trademarks. Magistrate Judge John Facciola, who was not at the deposition, ruled that the information should have been disclosed. “Virtually no question was answered during the deposition and neither party bothered to call. . . . That failure has resulted in an abundant waste of everybody’s time,” Facciola wrote, adding that he’ll be at the next deposition. White & Case’s Robert Raskopf, Snyder’s lead attorney, referred calls to the National Football League; an NFL spokesman says the deposition will move forward. The activists’ lawyer, Michael Lindsay of Dorsey & Whitney, declines comment. — Tom Schoenberg JAFFE’S CONSULTANT COUP Veteran law firm manager Abe Isenberg has joined Bethesda, Md.-based Jaffe Associates as executive vice president and senior management consultant. The former executive director of Howrey & Simon (now Howrey Simon Arnold & White) and Brobeck, Phleger & Harrison will consult on strategy, governance, finance, compensation, mergers, and recruitment at the legal marketing and consulting agency. Isenberg was the first nonlawyer made partner at Howrey Simon, where he worked for more than a decade before joining Brobeck. A CPA who began his career at PricewaterhouseCoopers, Isenberg left Brobeck last spring after four years at the now-defunct San Francisco firm. — Lily Henning D.C. SUPERIOR COURT GETS THE LOWE DOWN Only in Hollywood can someone go from advising the president one year to handling court-appointed criminal defense work in D.C. Superior Court the next. Actor Rob Lowe, who left NBC’s “The West Wing” last month, is in the process of shooting a pilot episode of a show in which he plays a D.C. lawyer who works at a street law clinic, and then is offered a partnership at a premier midsize firm. The show, produced by 20th Century Fox and tentatively titled “The Lyon’s Den,” appears to be set at least partly in Superior Court. According to one D.C. court official, the 20th Century Fox art department contacted court staff last week asking for details about the H. Carl Moultrie I Courthouse. Specifically, they wanted to know how the courtrooms are set up. Superior Court Chief Judge Rufus King III could not be reached for comment on whether he would consider appearing in a cameo role. Calls to Fox Studio in Los Angeles were not returned. — Tom Schoenberg START YOUR ENGINES . . . The primping has begun. The world’s major automakers have been holding beauty contests to select counsel for a potentially massive antitrust class action. Since mid-February, more than a dozen cases have been filed in federal and state courts around the country by plaintiffs firms including Milberg Weiss Bershad Hynes & Lerach and Berman DeValerio Pease Tabacco Burt & Pucillo. The cases charge carmakers with violating the Sherman Antitrust Act by conspiring to eliminate the import of lower-priced new cars from Canada into the United States. In Canada, cars cost 10 percent to 30 percent less, plaintiffs allege, but to stop U.S. consumers from buying them, automakers refuse to honor warranties and penalize Canadian dealers for selling to Americans. So far, DaimlerChrysler has retained an antitrust team led by Steven Newborn from the D.C. office of Clifford Chance; the Toyota Motor Corp. has hired Cleary, Gottlieb, Steen & Hamilton‘s D.C. antitrust group; the General Motors Corp. has tapped Kirkland & Ellis; Daniel Goldberg of Boston’s Bingham McCutchen has BMW; and Robert Van Nest of San Francisco’s Keker & Van Nest is representing Honda America. Says one D.C. lawyer following the case: “This will be a major, major antitrust suit.” — Jenna Greene and Siobhan Roth TO VICTOR’S FRIENDS GO THE SPOILS In the Victoria’s Secret trademark case decided by the Supreme Court on March 4, most of the trademark and intellectual property bar lined up on the side of the catalog and retail lingerie giant — and against Victor and Cathy Moseley, the Elizabethtown, Ky., couple who dared to name their store Victor’s Little Secret. The big guys lost in Moseley v. V Secret Catalogue Inc. and the Moseleys won, albeit narrowly. While the trademark bar was looking for silver linings, folks at the Glushko-Samuelson Intellectual Property Law Clinic at American University’s Washington College of Law were celebrating. Third-year students Christianna Lewis, Gunther Oakey, and Gene Park had produced one of only two amicus curiae briefs on the Moseleys’ side. “We were happy the Moseleys won and happy to make the point that there is an issue of free speech involved,” says Lewis. Interpreting the Federal Trademark Dilution Act to give too-broad protection to big trademark holders, they argued, stifles parodies and other speech that mentions trademarked products. The students’ best souvenir of the case: a copy of their brief, autographed by the Moseleys. — Tony Mauro HE’LL NEVER ESCAPE THE DEFENSE BAR NOW It was a week of highs and lows for Michael Chertoff, the Justice Department’s assistant attorney general for the Criminal Division. On March 5, President George W. Bush nominated him to a seat on the U.S. Court of Appeals for the 3rd Circuit, which has jurisdiction over federal courts in three states, including Chertoff’s home state of New Jersey. Prior to joining the DOJ, Chertoff was a partner in the New Jersey office of Latham & Watkins and a U.S. Attorney for the District of New Jersey. Also on March 5, the U.S. Supreme Court in Ewing v. California upheld a California three-strikes law that Chertoff defended before the high court . But things turned around on March 6, during the American Bar Association’s annual conference on white collar crime. Chertoff was surrounded by white collar defense lawyers on a seven-member panel discussing corporate prosecutions in the post-Enron era. Among the panelists: Howrey Simon Arnold & White partner W. Neil Eggleston, Morgan Stanley Dean Witter chief legal officer Donald Kempf Jr., and Davis Polk & Wardwell partner Robert Fiske Jr., whose firm represented accounting giant Arthur Andersen in the Chertoff-led prosecution stemming from the Enron debacle. — Vanessa Blum TEN YEARS’ HARD LABOR FOR KOORITZKY Unlike drug addicts, lawyers use “rational calculi” and can understand a message from the bench, according to Judge Leonie Brinkema of U.S. District Court for the Eastern District of Virginia. Her message came through loud and clear last week when she sentenced former immigration attorney Samuel Kooritzky to 10 years in prison. Kooritzky defrauded about 1,600 immigrants by peddling false labor certifications through his three local law offices. In December, a jury found him guilty of 57 counts. Most of the immigrants sought Kooritzky’s help in securing legal residency in the United States and were unaware of his illegal methods. Most of them, Brinkema noted, now face deportation. “The courts do need to send a good loud message,” Brinkema said, “that this conduct will not be tolerated.” A handful of Kooritzky’s former clients testified at the sentencing, telling stories of betrayed dreams and ruined lives. “Who do you believe if you don’t believe an attorney?” asked one young man now in legal limbo. Kooritzky agreed to the prison term and a forfeiture of $2.3 million, and waived his right to appeal the conviction or sentencing. — Siobhan Roth

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