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Panel Dismisses Redistricting Challenges A three-judge panel has dismissed two cases challenging the redrawing of state Senate and congressional districts following the 2000 census. U.S. Court of Appeals for the Second Circuit Chief Judge John M. Walker Jr. and Southern District Judges Richard M. Berman and John G. Koeltl rejected claims brought under the U.S. Constitution and the Voting Rights Act of 1965, including a charge of racial gerrymandering, in the companion cases of Rodriguez v. Pataki, 02 Civ. 618 and Allen v. Pataki, 02 Civ. 3239. “In short, the plaintiffs have failed to establish their claims that the 2002 State Senate or congressional redistricting plans violated the Fourteenth Amendment of the United States Constitution or the Voting Rights Act,” the panel said. � Mark Hamblett Judge Sees Mistrial Motion Grounds in Rigas Case Southern District Judge Leonard Sand yesterday told attorneys in the trial of the Rigas family that “the government made an egregious error . . . and would appropriately be dealt with on a motion for a mistrial.” He did not say how we would rule on such a motion. The issue involved government witness Dennis Coyle, a former board member of now bankrupt Adelphia Communications Corp. On redirect examination Thursday, Mr. Coyle admitted that his understanding of how the co-borrowing arrangements at the heart of the government’s case operated was incorrect, just as the defense had suggested in cross-examination. Lead prosecutor Richard Owens then used Mr. Coyle’s error to show that he was kept ignorant of these arrangements through a Rigas conspiracy. � Michael Bobelian Panel Stays Decision Forcing NYSE to Remove Blockades The New York Stock Exchange yesterday won a temporary reprieve from an order that would have required it to remove security barriers it erected at seven Lower Manhattan intersections. The Appellate Division, First Department, stayed the preliminary injunction, which was issued last week by Acting Justice Walter B. Tolub, but set an expedited briefing schedule. The stay is to remain in effect until the case is argued during the June term. Justice Tolub had ordered the removal of the security barriers on Friday in Wall Street Parking Corp. v. New York Stock Exchange, 103343/04, finding that the exchange lacked authority to maintain the barricades and conduct searches of vehicles without clear authorization from the New York City Police Department. � Daniel Wise Two More Settle in Mutual Fund Probe A $675 million settlement negotiated with the Bank of America Corp. and FleetBoston Financial Corp. is the largest to date in the widening investigation of the mutual fund industry, Attorney General Eliot Spitzer said yesterday. In settling with the Attorney General’s Office and the Securities and Exchange Commission, Bank of America agreed to pay $375 million in restitution and penalties to settle charges that it had exempted one mutual fund from an overall requirement intended to discourage market timing, a practice that involves the rapid trading in securities to take advantage of market-moving events. Likewise, FleetBoston Financial agreed to pay $140 million to settle charges it allowed favored investors to engage in market timing in return for their placing assets in FleetBoston funds. The companies agreed to settle the charges jointly because they are planning to merge. They also agreed to reduce the fees they charge investors by $160 million over the next five years. The joint settlement is the fourth spurred by the mutual fund probe, bringing the total amount being paid to $1.7 billion. � Daniel Wise Kelley Leaves Clifford Chance for Gibson Dunn Clifford Chance has lost another New York-based practice leader to a rival law firm. Kevin Kelley, formerly Clifford Chance’s global head of U.S. securities, has joined the New York office of Gibson, Dunn & Crutcher as a partner in its corporate and securities practices. Gibson Dunn said Mr. Kelley was a significant addition to its capital markets practice and was also expected to boost its expertise in cross-border transactions. Mr. Kelley is the latest in a long string of high-profile departures from the London firm’s New York office. Though most of the other departed partners have been former partners at New York’s Rogers & Wells, with which Clifford Chance merged in 2000, Mr. Kelley was one of the first American lawyers hired by Clifford Chance. He was made a New York partner in 1994. Los Angeles-based Gibson Dunn has about 780 lawyers worldwide and 146 in New York. � Anthony Lin First Department to Hold Court in Bronx The March 31 session of the Appellate Division, First Department, will be held at the Bronx County Courthouse, Room 711, 851 Grand Concourse. The calendar will be called at 2 p.m. that day. Staff Changes in Eastern District Richard Donoghue has been appointed deputy chief of the Long Island Criminal Division in the Eastern District. He has served as the division’s child exploitation coordinator since July and an acting deputy chief since late last year. He replaces Cynthia Monaco, who will now supervise complex white-collar cases on Long Island. Also, Christina Dugger was named deputy chief of the Narcotics Section. She succeeds Noah Perlman, who is leaving to take a position as district counsel to the Drug Enforcement Administration.

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