February 2014

NAFUSA Update is published monthly. NAFUSA's website can be accessed directly from this newsletter. New articles are posted to the website during the month.  You may also subscribe to NAFUSA email updates, delivered to your inbox overnight, the day after any new items are posted. (Be sure to complete the two step process.) You can also follow NAFUSA on Twitter (@NAFUSAorg).
Apple Resists Efforts of U.S. Monitor Bromwich


Michael Bromwich
Harry Hamburg/Associated Press
After SDNY U.S. District Judge Denise Cote found Apple guilty of colluding with five of the six largest publishers in the U..S. in an e-book price-fixing scheme, she appointed NAFUSA life member Michael Bromwich, shown above, to monitor Apple's antitrust policies and procedures for two years.



But the work hasn't been easy for Bromwich. In an article in the January 14, 2014, New York Times, entitled Secretive Apple Squirms in Gaze of U.S. MonitorThe Times reports,

Most companies are reluctant to open themselves to outside inspection. Yet Apple is even resisting someone who was appointed by a court to do exactly that, leading to an unusual public feud between the world's biggest technology company and the Justice Department.

Apple is attempting to resist efforts by Bromwich to interview Apple board members and senior executives. They also complain about his hourly rate of $1,100. But at a hearing on Monday, January 13, Judge Cote told Apple and its lawyers "to stop wasting time and start cooperating with the monitor. Apple intends to appeal to the Second Circuit.

"Apple is no position to define the scope of the monitor's duties," said Judge Cote, who said she would soon issue a written decision that would amplify on her ruling at the hearing. "I want the monitorship to be a success for Apple."


As to the issue of Bromwich's fee,

...Judge Cote observed...that "lawyers get paid a lot of money."


She also pointed to a recent article in The National Law Journal that said it was not uncommon for top lawyers at a large law firm to bill clients at a rate of $1,000 an hour. Judge Cote noted that one lawyer at Gibson Dunn, one of the firms representing Apple, billed at a rate of $1,800 an hour.


 On January 21, 2103, the Second Circuit Court of Appeals granted Apple's motion for a hearing on whether to stay the actions of the monitor pending a full appeal. In the meantime, it issued an administrative order of Judge Cote's ruling pending the hearing. 



Kelley Represents NYT Reporter on Privilege

David KelleyNAFUSA member David Kelley, shown left, and his partner Joel Kurtzberg, are representing New York Times reporter James Risen in his effort to have the courts recognize a reporter's privilege that would allow him to withhold testimony in a trial of a former CIA agent.


The CIA officer, Jeffrey Sterling, is charged with providing Risen with classified information. The U.S. Circuit Court of Appeals ordered Risen to testify at trial but approved Risen's request that the proceedings be stayed during his appeal to the the United States Supreme Court. Kelley and Kurtzberg filed the petition for review to the Supreme Court, asking the court to take the case to resolve a split among the lower courts on the issue of a reporter's privilege.


Kelley served as the United States Attorney for the Southern District of New York and is currently a partner at Cahill, Gordon & Reindel in New York. He clerked for the Hon. T.F. Gilroy Daly of the United States District Court for the District of Connecticut. He earned his J.D. from New York Law School. While attending law school, Kelley served as a police officer and fireman in his home township of East Hampton, New York. He has been an adjunct professor at New York Law School, and has taught trial advocacy clinics at Harvard and Hofstra Law Schools.


Schar Appointed Special Counsel in "Bridgegate" 


Reid Schar
Reid Schar at the Atlanta conference in 2012

Reid Schar, recipient of NAFUSA's J. Michael Bradford Award in 2012, has been named  by the New Jersey General Assembly to act as special counsel for the committee to investigate allegations that aides to Governor Christie caused the closure of lanes leading from Fort Lee to the George Washington Bridge for political retaliation.


Schar was nominated for the Bradford Award by NAFUSA member Patrick Fitzgerald, then the U.S. Attorney for the ND of Illinois. The award recognized Schar's work in the investigation and prosecution of former Illinois Gov. Rod Blagojevich. Schar served as an AUSA from 1999 to 2012, when he left government service to join Jenner & Block in Chicago.



Currin Elected Chair of NC Rules Review

Margaret Person Currin On Thursday, January 17, 2014, former NAFUSA president and lifetime NAFUSA member Margaret Person Currin was elected to serve as Chairman of the North Carolina Rules Review Commission by a vote of the members of the Commission.  She was first appointed by the North Carolina Senate to membership on the Commission in 2011, was reappointed in 2013, and has served as its First Vice Chairman since her initial appointment.


The Rules Review Commission, an executive agency created by the North Carolina General Assembly in 1986, is the executive agency charged with reviewing and approving rules adopted by state agencies.   The RRC consists of ten commissioners appointed by the North Carolina General Assembly, five on the recommendation of the President Pro Tempore, and five on the recommendation of the Speaker of the House.


Currin is on the faculty at Campbell University School of Law in Raleigh, North Carolina, where she has served in various administrative and faculty positions since 1981-taking time out for her service as U.S. Attorney for the Eastern District of North Carolina from 1988-1993.



Jim Martin Joins Dowd Bennett

Jim Martin The law firm of Dowd Bennett LLP announced on January 24, 2014, that NAFUSA member James Martin will be joining the firm as a partner. Martin is a former U.S. Attorney for the Eastern District of Missouri and practices in the areas of white collar criminal defense, corporate governance and compliance and complex business litigation. He joins the firm from Armstrong Teasdale, where he has been lead defense counsel in numerous civil and white-collar criminal matters including a jury trial that resulted in a victory over the Securities and Exchange Commission in an enforcement action. Even before obtaining that result, Martin had previously been named by Missouri Lawyers Weekly as the "go- to lawyer for SEC investigations." He also recently litigated a federal criminal fraud case in which his advocacy resulted in rulings from the court that led to the dismissal of the case by the government. As a federal prosecutor, he was successful in the prosecution of white collar crime, public corruption and tax fraud.


"We are delighted to have a lawyer with Jim's tremendous experience as a new partner at Dowd Bennett," said NAFUSA past president and life member Ed Dowd, Jr. "We worked with Jim at the United States Attorney's office and during the Waco investigation and he gives us more depth in areas that are very important to our firm and our clients."


In 1999 and 2000, Martin spent a year and a half working with former Senator John Danforth and Ed Dowd, Jr. in the Office of Special Counsel that investigated allegations surrounding the 1993 confrontation between law enforcement and the Branch Davidians in Waco, Texas. As Assistant Special Counsel, Martin served as Director of Investigative Operations, where he supervised 12 attorneys and 38 federal agents. Martin is now the fourth person from that Office of Special Counsel to join Dowd Bennett. On joining Dowd Bennett, Martin remarked "This is a tremendous opportunity for me to join the best group of trial attorneys in the State."


Dowd Bennett, which specializes in complex commercial litigation, enforcement proceedings, and white-collar criminal defense, now has 20 lawyers. In addition to its other experienced federal and state court litigators, Dowd Bennett counts among its ranks multiple federal district court and circuit court of appeals clerks, state appellate court clerks, two United States Supreme Court clerks, two former United States Attorneys, four former assistant United States Attorneys, and a former Missouri state prosecutor.


For more information about Dowd Bennett LLP, please visit:



Proposed Amendments To Bankruptcy and Civil Rules

Comment Deadline: February 15, 2014


The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules and forms, and have requested that the proposals be circulated for comment.  The affected rules are:


Bankruptcy Rules: 2002, 3002, 3007,! 3012, 3015, 4003, 5005, 5009, 7001, and 9006


Bankruptcy Forms: 17A, 17B, 17C, 22A-1, 22A-1 Supp. 22A-2, 22B, 22C-1, 22C-2, 101, 101A, 101B, 104, 105, 106Sum., 106A/B, 106C, 106D, 106E/F, 106G, 106H, 106Dec, 107, 112, 113, 119, 121, 318, 423, and 427


Civil Rules:  1, 4, ! 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84 and Appendix of Forms.


The proposed amendments, the Rules Committee reports explaining the proposed changes, and other information are posted on the Judiciary's website.  Comments concerning the proposed amendments may be submitted electronically by following the instructions on the website.  Hard copy submission may be mailed to the Committee on Rules of Practice and Procedure, Administrative Office of the Unite! d States Courts, Suite 7-240, Washington, D.C. 20544.



National Association of Former United States Attorneys (NAFUSA).
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In This Issue
Apple Resists Bromwich
Kelley Represents NYT Reporter
Schar To Investigate "Bridgegate"
Currin Elected Chair of NC Rules Review
Martin Jions Dowd Bennett
Proposed Amendments
2014 Dues Notice
Boston Conference
2014 Dues Notice
Email notices went out in January: 2014 NAFUSA membership dues are payable by February 28, 2014. 

There are currently 251 active members, including 50 lifetime and 26 seniors. Dues remain at $150 for regular members, $1500 for lifetime and $50 for seniors (fully retired and over 70). 

If you have not yet paid your 2014 dues, please register on line by clicking on the red link below. You may pay by credit card or mail a check. Please fill out the on line registration in either event. 

Board members Kevin O'Connor and Hal Hardin has become the 49th and 50th lifetime members. A full list of lifetime members can be reviewed here. Lifetime members do not need to full out the 2014 registration form. 

Fall Conference in Boston
Fairmont Copley Plaza The 2014 NAFUSA conference will be held in Boston at the Fairmont Copley Plaza on October 9-11 (Columbus Day weekend). Save the date and details will be announced mid-year. 

The 2015 conference will be held on October 15-18 andThe Phoenician in Scottsdale, Arizona.