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LOCKERBIE SETTLEMENT DOESN’T STOP SUITS AGAINST LIBYA IN D.C. Libya caught the world’s attention last month when it agreed to settle litigation stemming from the 1986 bombing of Pan Am Flight 103, paying up to $10 million per victim and accepting civil responsibility for the attack. But the oil-rich nation still faces a raft of civil suits in the U.S. District Court for the District of Columbia, including three suits by Lockerbie plaintiffs who rejected the settlement. The terms of the deal call for the families of the 270 victims to receive $4 million now that the United Nations has lifted sanctions against the country. Libya will give each plaintiff another $4 million if the United States rescinds its sanctions, plus $2 million more if the United States removes Libya from its list of states that support terrorism. If the United States refuses, Libya will pay each plaintiff a total of $5 million. Victoria Cummock Pimentel lost her husband, John Cummock, in the blast, but she wants no part of the settlement. The sanctions-related conditions “appalled” her, she says. “Why should I become Libya’s lobbyist?” Sonnenschein Nath & Rosenthal D.C.-based name partner Douglas Rosenthal is representing Pimentel, along with two other plaintiffs who have rejected the deal. Litigation against Libya isn’t limited to Lockerbie suits, though. Crowell & Moring partner Stuart Newberger has two cases pending against Libya in D.C. federal court. He represents the families of seven Americans killed in the 1989 bombing of a UTA flight. He also represents the company that owned the plane. Libya has accepted responsibility for downing the airliner. In another case, Newberger is suing Libya and Iran on behalf of the estate of Peter Kilburn, who was taken hostage by Hezbollah and then allegedly sold to Libyan agents and killed in 1986. Last month, U.S. District Judge Ricardo Urbina denied Libya’s motion to dismiss. Libya has appealed to the U.S. Court of Appeals for the D.C. Circuit. The 1986 bombing of a Berlin disco has spawned two lawsuits in D.C. federal court by the families of 60 injured and two murdered servicemen. Jacob Stein of Stein Mitchell & Mezines has filed one suit. D.C. lawyers Steven Perles and Thomas Fay have filed the other. In March, Richard Heideman of D.C.’s Heideman, Nudelman & Kalik sued Libya, Iran, Iraq, and Syria for sponsoring the 1985 hijacking of Egypt Air Flight 648. Heideman, along with Perles, who is serving as of counsel, represents the families of the three Americans onboard. D.C. lawyer Arman Dabiri Abkenari, who has represented Libya for eight years, is handling all the D.C. litigation for the country. He declines comment. � Siobhan Roth POWER COUPLE Covington & Burling is pairing up with the international advisory firm Kissinger McLarty Associates to offer clients with international interests both legal and business advice. KMA is headed by former Secretary of State Henry Kissinger and Thomas McLarty, ex-Clinton White House chief of staff. McLarty and two others will join Covington as senior advisers, while Covington partner Stuart Eizenstat, and of counsel David Marchick, the former deputy treasury secretary, will be senior advisers to KMA. The partnership creates a “one-stop shop for insight, advice, strategy, and support” for international clients with U.S. interests and domestic clients who need help abroad, says McLarty. Eizenstat, head of Covington’s international practice group, says the alliance is a “natural evolution” of their work together over the past two years, including several prominent client referrals. Although the two remain independent, they will conduct a joint marketing and business development campaign, says Eizenstat. � Marie Beaudette READY TO RULE In the case against accused Sept. 11 conspirator Zacarias Moussaoui, the Justice Department has now done what was expected for several months � tell Alexandria, Va., federal trial court Judge Leonie Brinkema that she should dismiss the suit. Doing so means the U.S. Court of Appeals for the 4th Circuit might finally decide whether Moussaoui has the right to depose an enemy combatant held in U.S. custody. If Brinkema does dismiss, the 4th Circuit may issue its decision quickly. In a July 7, 2003, panel opinion dismissing the issue on procedural grounds, Chief Judge William Wilkins Jr., joined by Judges Roger Gregory and J. Harvie Wilkinson III, wrote that they were “prepared at this time to rule on the substantive questions.” Under 4th Circuit rules, every effort is made to put a previously reviewed case before the same panel. The parties likely will be allowed to brief the matter further and to present new oral argument. � Siobhan Roth HOME AGAIN After two years as general counsel of the Office of Management and Budget, Philip Perry has rejoined the D.C. office of Latham & Watkins as a partner. Perry � who is married to Vice President Dick Cheney’s daughter Liz � will resume his practice in commercial civil litigation and help build Latham’s homeland security practice group. Before accepting the OMB post, Perry worked on the Bush-Cheney transition team and was serving as acting associate attorney general at the time of the Sept. 11 terrorist attacks. At OMB, Perry made policy recommendations to the White House on a wide array of issues and helped draft legislation creating the Department of Homeland Security. “It’s a remarkably fun job. You have the responsibility and the license to go and do what you think is necessary to get the president’s policies in play,” Perry says, adding that he left the administration in part so he would be able to work on the 2004 presidential campaign. Taking over for Perry is Associate White House Counsel Jennifer Newstead. Prior to joining the White House, Newstead served as a top aide to former Assistant Attorney General Viet Dinh in the Justice Department’s Office of Legal Policy. � Vanessa Blum WE’LL CALL YOU The fight over whether the Do Not Call registry to block telemarketers can go into effect reached the boiling point last week, with two federal court rulings in favor of the telemarketers and a scramble by Congress to try and save the Federal Trade Commission program. And it’s not over yet. The FTC has announced it would appeal the decision by Denver federal Judge Edward Nottingham, who blocked the initiative on First Amendment grounds. Lawyers busy on the Colorado case include D.C.-based Davis Wright Tremaine partner Robert Corn-Revere for the American Telemarketers Association and Lawrence DeMille-Wagman for the FTC. In a similar case filed against the FTC in Oklahoma City by the Direct Marketers Association, Ron Plesser and a team from the D.C. office of Piper Rudnick went to bat for phone solicitors. Plesser says the DMA filed in Oklahoma because the U.S. Court of Appeals for the 10th Circuit has experience in commercial speech cases, and “there was a very good plaintiff” there. He adds, “There was nothing like multiple filings or hunting around for a friendly forum.” Counters Jodie Bernstein, former head of the FTC’s Consumer Protection Bureau who is now counsel at the D.C. office of Bryan Cave, “I think the speculation is that it would be a more favorable court.” The American Teleservices Association has filed a third case against the Federal Communications Commission. That case, which went directly to the 10th Circuit, is pending. � Lily Henning WATCH OUT Conservative gadfly Larry Klayman has stepped down from running Judicial Watch to launch his campaign for a seat in the U.S. Senate. Klayman announced Sept. 23 that he will vie for the Florida seat currently held by Democrat Bob Graham. (A press release notes Klayman moved to Florida in 1977.) For the past nine years, Klayman was chairman and general counsel of Judicial Watch, a D.C.-based group aimed at challenging government and judicial policy and ethics. Judicial Watch President Tom Fitton has taken over day-to-day operations of the organization, which gained a national reputation for badgering President Bill Clinton and Hillary Clinton with lawsuits seeking information on everything from campaign finance deals to Internal Revenue Service audits. Fitton, 35, is a nonlawyer and self-described conservative activist who has been with Judicial Watch since 1998. Fitton says he has no plans to change the organization, which he says operates on a near $13 million budget, has more than 100 active cases, and a legal staff of about 10. “The mission doesn’t change, nor does our direction dramatically,” Fitton says. “The Clintons shouldn’t be sleeping any easier.” � Tom Schoenberg CROSSED WIRES It’s been rough going of late for lawyers hoping to win antitrust approval for the proposed $8.1 billion acquisition of Concord EFS by the electronic payment service company First Data Corp. In early September, the Department of Justice signaled it would take a hard look at the deal, issuing a second request for documents. And last week, a coalition of Hispanic groups met with DOJ attorneys in an effort to block the merger. The reason: First Data owns Western Union, which has been fingered for predatory pricing policies against Hispanics, and the advocacy groups fear a merger would further consolidate cross-border money transfer options. According to an American Antitrust Institute study, the combined companies would control two-thirds of “offline” debit-card transactions � where you punch in a PIN number � as well as two-thirds of “online” transactions � the kind linked to a Visa or MasterCard. First Data, represented by Larry Fullerton of the D.C. office of Sidley Austin Brown & Wood, and Concord, represented by Mark Kovner of the D.C. office of Kirkland & Ellis, argue the relevant market includes a wider range of credit and debit transactions. � Lily Henning BOCCE TIME Venable is ready to play ball. The firm’s new offices at 575 Seventh St., N.W., boast a rooftop bocce court nestled in an outdoor garden and eating area. D.C. partner-in-charge William Coston says the court will be a place for staffers of all ages and athletic abilities at the 240-lawyer office to gather. “I’d like to think it was one of a kind,” says Coston of the court. With 240,000 square feet, the space in the old Hecht’s building can accommodate 300 lawyers, and has smaller offices � but more common areas � than the firm’s previous home on New York Avenue, says Coston. � Lily Henning HILL VETERAN Eleanor Hill is returning as a partner to the D.C. office of King & Spalding after leaving last summer to head the congressional staff conducting the Joint Inquiry on Sept. 11. “In every possible aspect it was extraordinary,” says Hill, who served as Justice Department inspector general under then-President Bill Clinton. Although the investigation was completed by February, Hill spent the next several months working to get most of the 800-page report declassified for release to the public in July. Hill expects to reverse roles when she returns to King & Spalding on Oct. 6, representing those “being looked at by congressional investigations.” � Marie Beaudette

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