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FEDERAL PROSECUTOR GOES TO SAN FRANCISCO FIRM Veteran federal prosecutor Jeffrey Bornstein is leaving the government to anchor the San Francisco white-collar practice of Kirkpatrick & Lockhart Nicholson Graham. Bornstein, 49, will also work on securities enforcement, a “burgeoning” area for the firm’s growing Bay Area operation, said senior partner Richard Phillips. “We also see a significant need for some criminal expertise,” Phillips said. “Jeff is a very exciting prospect.” Kirkpatrick, which has about 1,000 lawyers in the United States and England, has been in San Francisco for five years and recently opened a Palo Alto office. There are now about 40 lawyers locally. Bornstein is the latest in a line of prosecutors to go private to build up a firm’s local white-collar practice. Defense lawyers with government experience continue to be in high demand as federal agencies — including the Securities and Exchange Commission and the Department of Justice — emphasize regulatory compliance and keep cracking down on corporate wrongdoing. Bornstein started in the civil division of the Northern District U.S. attorney’s office in 1984. He left after three years for a brief stint with San Francisco City Attorney Louise Renne, but then returned to the U.S. attorney’s criminal division in 1989. He’s had a variety of assignments — prosecuting everything from bank robberies to securities fraud — and most recently did white-collar cases as one of the office’s senior litigation counsel, a position he held until January. In that role, he also helped train younger assistants. Besides going after bad guys, Bornstein said he’s also proud of a youth mentorship program he started with the federal marshal. He said he’s enjoyed being a prosecutor and looks forward to building a practice in the private sector. “As one gets older, you need to stay fresh,” said Bornstein, who enters Kirkpatrick as a partner. He plans to leave the office at the beginning of June. — Jeff Chorney WIRELESS COMPANY WINS $ 128 MILLION JURY VERDICT Quinn Emanuel Urquhart Oliver & Hedges won a $128 million jury verdict for Freedom Wireless Inc. in its patent suit against Cingular Wireless and other cell phone carriers. On Friday, a jury in Boston federal court found that Cingular infringed patents covering a system that allows customers to prepay their calls and be cut off when their account runs out. The patents are owned by inventors Douglas Fougnies and Dan Harned. Their company, Freedom Wireless, sued Cingular and six other wireless carriers, as well as Boston Communications Group Inc., for as much as $1 billion. One of the carriers, Verizon Wireless, settled out of the case before trial. BCG sells a prepaid service to Verizon and other cell phone carriers The verdict “compensates my clients for infringement that’s been going on the last seven years,” said William Price, a partner at Quinn Emanuel. “More important to them, it validates their patents so they can license their technology.” Price said he believes the award is the largest civil verdict in Massachusetts federal court in the past three or four years. Gibson, Dunn & Crutcher Palo Alto partner Denis Salmon, who is representing Cingular and AT&T, could not be reached for comment. Media representatives of the two companies also could not be reached. Price said a hearing will be held in June on the defendants’ claim that the inventors got the patent through inequitable conduct. Quinn Emanuel took the case on a contingency basis. Price would not specify the amount of the award his firm would receive, but said it would be a typical contingency percentage. The firm will also receive a contingency in any licensing agreements that Freedom Wireless signs. — Brenda Sandburg 2ND CIRCUIT WON’T HEAR IMMIGRATION APPEAL NEW YORK — An immigrant who fails to comply with Board of Immigration Appeals procedures for claiming ineffective assistance of counsel forfeits the chance to have the board’s refusal to reopen the case reviewed by the Second Circuit U.S. Court of Appeals, the circuit ruled Friday. Rejecting a petitioner’s claim that the Board of Immigration Appeals does not have jurisdiction to entertain ineffective assistance claims, the circuit, in a ruling by Judge Jose Cabranes, declined to review the denial of a petition to reopen in Zheng v. United States Department of Justice, 02-4711. Jian Yun Zheng was trying to avoid deportation to her native China on the grounds that the government of that country persecuted her for practicing Christianity. She claimed she had refused to pay fines levied by the government for attending religious services and was targeted by officials because she protested the arrest and imprisonment of her pastor. Zheng had applied for asylum in the United States, but an immigration judge denied the application from the bench. The immigration judge found that Zheng’s claim of persecution was not credible because she had failed to provide the documentation needed to support her generalized and sometimes inconsistent testimony, she had a questionable demeanor and showed little knowledge of Christianity. — New York Law Journal

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