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JUDGE RICHARD ARNOLD, 1936-2004 Richard Arnold, a widely respected judge on the U.S. Court of Appeals for the 8th Circuit who came close to being appointed to the Supreme Court, died late Thursday at the Mayo Clinic in Minnesota at age 68. When Justice Harry Blackmun retired in 1994, President Bill Clinton wanted to appoint Arnold, but decided against it because of Arnold’s then-recent bout with cancer — which recurred and was ultimately the cause of his death. Arnold, a 1960 law clerk to the late Supreme Court Justice William Brennan Jr., was active in Arkansas politics, but once he was appointed to a judgeship by President Jimmy Carter in 1978, he told people he was “not a Democrat, but a former Democrat.” Arnold, a gentlemanly optimist who almost always wore a bow tie, headed the Budget Committee of the Judicial Conference from 1987 to 1996 and became known for his leadership in the judiciary. “He performed exemplary service for the judiciary through his work on the Budget Committee of the Judicial Conference,” said Chief Justice William Rehnquist in a statement. In 2000, Arnold launched a debate over the proliferation of unpublished opinions by ruling, in Anastasoff v. United States, that judges could not constitutionally prevent past opinions from being cited. “I don’t know what judges are afraid of,” he told Legal Times. As a sign of Arnold’s stature, eight of the nine Supreme Court justices issued statements after hearing of his death. “A brilliant, brilliant man, Judge Arnold was a model of humility and self-deprecation,” said Justice Clarence Thomas, who as the 8th Circuit’s “circuit justice” saw him often at conferences. Justice Ruth Bader Ginsburg, herself a cancer survivor, said, “He coped with his illness with unrelenting courage. Others, including me, gained strength from his example.” Said Justice Antonin Scalia: “His carefully reasoned and beautifully written opinions were models of the art of judging. He has been a friend of mine since the days when he finished ahead of me (and first in the class) at Harvard Law School.” Justice Stephen Breyer called Arnold “a great judge and a marvelous human being,” and Justice Anthony Kennedy said, “It is of great importance to the federal judiciary that it can continue to attract jurists of the stature of the late, splendid Richard Arnold. His intellectual interests were vast, his character upright, and his search for truth and justice unyielding.” Justice Sandra Day O’Connor said, “He always contributed his time and effort to improve the judiciary and to support efforts to help other judges around the world improve their own systems.” Added Justice John Paul Stevens: “Richard Arnold was a great judge, a true scholar, a wonderful human being, and an excellent golfer. I enjoyed every minute that I spent with him and will surely miss him.” — Tony Mauro TRIPLE THREAT Retired Gen. Wesley Clark and Patton Boggs partner Rodney Slater have joined with James Lee Witt, the former director of the Federal Emergency Management Agency, to provide crisis management and security consulting. Clark, a former Democratic presidential candidate, and Slater, a former U.S. transportation secretary, recently became senior advisers at James Lee Witt Associates. The firm was founded in 2001 to advise corporations, utilities, universities, and governments, among others, on security and emergency strategies. Clark advises on international issues; Slater, on transportation and infrastructure; and Witt, on public safety and crisis management. Slater, who has known Clark and Witt for years, says their involvement was a critical factor in his decision to participate. In addition, “it also gives me a chance to do some things I’m not doing currently in my practice,” Slater says. He anticipates that Witt clients may need public policy assistance from Patton Boggs, where he will remain a partner. — Christine Hines WEST GOES The Joint Center for Political and Economic Studies has selected Togo West Jr., the former secretary of the Army and former secretary of veterans affairs, as its next president and chief executive officer. The Joint Center is a think tank that conducts research on issues of concern to African-Americans and other minorities. West, currently of counsel at Covington & Burling, will take over for Eddie Williams, who ran the center for 32 years of its 34-year history. West began his law career at Covington and has returned multiple times over the years between stints working for three presidential administrations. “Covington has always said goodbye to me as I went off to public service, and this feels the same way,” West says. “I am returning to serve the public good.” — Bethany Broida TEAM TOBACCO With the kickoff last week of the Justice Department’s $280 billion suit against the tobacco industry’s major cigarette makers — the largest civil racketeering case in history — it would be only natural to assume that with it came an avalanche of lawyers. And on this count the tobacco industry did not disappoint, bringing in a defense team that boasts more than 145 attorneys. Leading the defense on behalf of Philip Morris USA are Theodore Wells from Paul, Weiss, Rifkind, Wharton & Garrison in New York; Dan Webb, Kevin Narko, and Thomas Frederick from the Chicago office of Winston & Strawn; and Patricia Schwarzschild of Hunton & Williams in Richmond, Va. Jones Day D.C. partners Robert McDermott Jr., Peter Biersteker, and Jonathan Redgrave head the team for the R.J. Reynolds Tobacco Co. The Brown & Williamson Corp., which has since merged with R.J. Reynolds, turned to Kirkland & Ellis for its representation, with David Bernick from the Chicago office and Kenneth Bass from the District leading the team. For its defense, the British American Tobacco Co., former parent of Brown & Williamson, looks to Bruce Sheffler and David Wallace of the New York office of Chadbourne & Parke. Thompson Coburn represents the Lorillard Tobacco Co., with J. William Newbold and Michael Minton from the St. Louis office heading that team. Finally, New York attorneys Leonard Feiwus and Aaron Marks from Kasowitz, Benson, Torres, Friedman will lead the representation for the Liggett Group. Two other defendants, the Tobacco Institute and the Council for Tobacco Research, now-defunct trade groups created by the tobacco industry to counteract charges that smoking was dangerous, turned to the D.C. offices of Covington & Burling and Debevoise & Plimpton, respectively, although their attorneys will not take a leading role in the trial. High-powered legal teams mean big-ticket legal bills. But there’s no word yet on how much the case is going to add to the firms’ bottom lines. — Bethany Broida SHEPPARD FLOCKS Sheppard, Mullin, Richter & Hampton, the California-based firm that opened its first East Coast outpost in the District about 19 months ago, has expanded again, this time opening an office Sept. 22 in New York City. Eight of the firms’ 20 largest clients are financial institutions, so opening an office in New York made sense, says Guy Halgren, Sheppard Mullins’ chairman. In addition to its banking and finance practice, the firm hopes to build its litigation, entertainment and media, and bankruptcy and employment groups. James McGuire, a white-collar criminal and commercial litigation attorney, joined the firm from White & Case to lead the new nine-lawyer office, and he hopes the litigation group will drive the office’s expansion. The firm’s D.C. office has grown from a five-attorney shop at its opening to more than 30 lawyers. Halgren says he expects similar growth in New York. — Bethany Broida GLOBAL GRASP Claudio Grossman, dean of American University Washington College of Law, was one of only three American law school deans asked by the American Association of Law Schools to participate in a planning group that will work to develop a new International Association of Law Schools. The group will work on the structure of the new association, look at legal issues and comparative law issues, and develop a core curriculum for use by law schools around the world. “With the challenges of globalization, there is hardly an issue anymore that is purely domestic,” Grossman says, adding, however, that most law schools still focus much of their attention domestically. While the planning group is still in the beginning stages and has met largely over the Internet, the ultimate goal is to develop a strategy that will prepare lawyers to function in different cultures. — Bethany Broida BABY BENEFIT Arnold & Porter is the place for parents. That’s according to Working Mother magazine, which last week put the firm for the fifth time on its annual list of “100 Best Companies for Working Mothers.” The only law firm in the country to make the magazine’s 2004 roster, Arnold & Porter gives 12 weeks of paid maternity leave to all new mothers and six weeks to fathers or other co-parents. There is also on-site day care, which the firm runs, free backup care for the children of attorneys and staff, and a stipend and paid leave for adoption. Oh, and did we mention the lactation room? Private rooms stocked with lactation machines and refrigerators are available for nursing mothers in the firm’s D.C. office. Elizabeth Respess, director of human resources at the firm, says that the perks appeal to parents and nonparents alike. “Even those without children are interested. Maybe that means a kinder, gentler organization,” Respess says. “It helps recruitment in general.” — Lily Henning NADER’S HATERS Using markedly critical language, a Pennsylvania court Sept. 23 denied a motion filed by the Ralph Nader campaign in the ongoing litigation over the independent presidential candidate’s attempt to get on the ballot in Pennsylvania. The campaign had moved to strike the state Commonwealth Court’s order last week that scheduled hearings to examine tens of thousands of signatures on the petitions Nader filed seeking to secure his place on the November ballot. The hearings begin this week and are expected to address, petition line by petition line, challenges to the nomination papers containing thousands of signatures that the campaign filed this summer. Under Pennsylvania election law, the campaign needs 25,697 valid signatures for Nader’s name to appear on the ballot. In the Sept. 23 opinion, President Judge James Garner Colins singled out Nader attorney Samuel Stretton for filing a “duplicitous and disingenuous” pleading. “In over 24 years of judicial service, this court has never encountered a pleading which has more misstated the facts and tortured the law as the instant” motion to strike, Colins began his opinion. Stretton says the personal attacks were “unfair.” “He apparently doesn’t like me very much.” — Melissa Nann Burke, The Legal Intelligencer

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