Consistent with The Leslie Brodie Report’s commitment to integrity and adherence to the highest level of ethical journalism, and in order to report on both sides of the story, PG&E’s Attorneys’ Douglas Winthrop, Jerome Falk, Ethan Schulman, James Lopes, Amy Margolin of Howard Rice and Joshua Bar-Lev, Frank Lindh are hereby asked to disclose whether PG&E had entered into a separate and secret settlement which was mediated by JAMS.
Said confidential settlement allegedly calls for $56 Million to be transferred to Thomas Girardi of Girardi & Keese stemming from alleged “invasion of privacy” by PG & E against Thomas Girardi who was representing the plaintiffs in a class action matter known as Hinkley/Erin Brockovich matter?
Please observe that, rather than contacting PG&E’s Attorneys’ Douglas Winthrop, Jerome Falk, Ethan Schulman, James Lopes, Amy Margolin of Howard Rice and Joshua Bar-Lev, Frank Lindh directly, the query is being delivered publicly, here and now.
Any comments, opinion or observation can be sent to lesliebrodie@gmx.com
PG&E Former In-House Counsels Joshua Bar-Lev and CPUC’s Frank Lindh (Father of Al Quaeda’s John Walker Lindh) Hereby Asked to Opine on Howard Rice Concurrent Representation of Girardi & Keese and PG&E While Hinkley/Erin Brockovich Matter Still Pending.
Howard Rice represantation of Girardi & Keese and Engstrom Liposcomb & Lack in the matter of Copple v. Astrella, please see @:
http://www.leagle.com/xmlResult.aspx?page=3&xmldoc=20061271442FSupp2d829_…
Howard Rice representation of PG&E in 2006, please see profile of former Howard Rice partner Ethan Schulman which states:
” Lynch v. California Public Utilities Commission, 311 B.R. 978 (N.D. Cal. 2004), dismissed as moot (2006, 9th Cir.). Successfully represented Pacific Gas and Electric Company on appeal by former members of California Public Utilities Commission from Bankruptcy Court’s order confirming PG&E’s plan of reorganization.” @:
http://www.calappellate.org/Member-Directory?action=view_member&memberID=141
Erin Brockovich matter — Girardi & Keese and Engstrom Lipscomb & Lack represent plaintiff against PG & E in 2006, please see @:
http://lesliebrodie.posterous.com/2006-pg-e-agrees-to-295-million-settlement-in
Pacific Gas and Electric on Friday agreed to pay $295 million to settle claims by more than 1,000 residents in several Mojave Desert towns who said they were harmed by groundwater contamination, a case made famous by the film “Erin Brockovich.”
As part of the settlement, the utility apologized to affected residents in the towns where leaks from gas compressor plants in the 1950s through the 1970s polluted the groundwater basin with chromium.
“Clearly, this situation should never have happened, and we are sorry that it did. It is not the way we do business, and we believe it would not happen in our company today,” the utility said.
The apology marked a bittersweet victory in Hinkley, Calif., where residents have blamed cancer deaths and birth defects on the polluted water.
“Well, I think it’s great because a lot of [residents] do have health problems,” said Brenda McIlvain, a bar owner whose ex-husband will benefit from the settlement. “I think it’s great that the ones that signed up on the [lawsuit] will get a little bit of money to help them.”
The settlement comes before the trial was supposed to begin and ends the majority of the claims from Hinkley and other towns, including Kettleman Hills, that said their groundwater was contaminated.
“This closes the books on almost all the claims,” said Jon Tremayne, a spokesman for PG&E. “The settlement provides closure, and it allows us to focus on the future. We’re hopeful it will provide closure for the plaintiffs and allow them to move forward.”
The case dated to 1951, when spent chromium, added to cooling water to reduce corrosion, leaked from unlined retention ponds and seeped into the groundwater under Hinkley, making its way into community wells. The plaintiffs’ attorneys claimed that some of the town’s water supply was tainted with 140 times the amount of chromium allowed under government standards. They suggested that most of the cancers were caused when children played in the water and inhaled particles.
In July 1996, PG&E agreed to pay $333 million to about 650 people who blamed cancer and other diseases on polluted water leaking from a gas pumping station.
Please continue @:
The president’s trip to the Bay Area last week made it painfully clear that the Barack Obama re-election campaign has lost its mojo.
There was no life, no personality, no memorable line or moment and no real enthusiasm in the entire fundraising foray. In short, there was no buzz.
It was like a summer rerun of a show that wasn’t very interesting to begin with.
Worse yet, Obama sounded like he was playing catch-up to Mitt Romney. I can’t think of anything that should have him in that role, but he’s acting like the underdog.
One bedroom’s enough for Jerry Brown’s Sacramento home, please see @:
http://www.mcclatchydc.com/2010/12/20/105587/one-bedrooms-enough-for-jerry.html
Now That’s Irony: Jerry Brown Lives in a Sacramento Loft…please see @:
http://blogs.laweekly.com/informer/2011/01/jerry_brown_loft_redevelopment.php
Mark Friedman’s Folcrum Property, please see @:
http://www.fulcrumproperty.com/index.aspx
Howard Dickstein – Mark Friedman, please see @:
http://articles.latimes.com/2007/oct/10/local/me-tribe10
Dickstein & Zerbi , please see @:
http://members.calbar.ca.gov/fal/Member/Detail/65638
Howard Dickstein – Thunder Valley Casino, please see @:
http://www.sacbee.com/2012/01/22/4205410/sacramento-attorney-howard-dickstein…
Doug Elmets, please see @:
http://blogs.sacbee.com/capitolalertlatest/2010/12/jerry-brown-checking-out-m…
Misc, please see @:
http://latimesblogs.latimes.com/washington/2007/08/keeping-true-to.html
Howard Dickstein – Jeannine English, please see @:
PG&E; Nancy McFadden; Jerry Brown; Ex-CPUC Geoffrey Brown; PG & E’ s Legal Team of Keker & Van Nest’s Robert Van Nest, John Keker, Proxy Jon Streeter and Arnold & Porter/Howard Rice’s Douglas Winthrop and Jerome Falk Hereby Asked to Comment on PG & E Search Results on TLR.
PG & E breached various agreement it had entered into with a small Texas-based energy company known as El Paso Energy. PG & E managed to gain the support of the CPUC in reneging on those agreements. A very upset owner of El Paso managed to “outfox” PG & E by slowly gaining control of various pipelines which carry natural gas to California.
Once in control, El Paso raised the prices. PG & E — per restriction imposed by the CPUC — couldn’t ask for a rate increase and begun losing money. At times, PG & E’s generators came to a complete holt — forcing “rolling blackouts.” The outcome of El Paso’s vendetta: A) California “Energy Crisis.” B) Allegation El Paso had conspired with Sempra in Phoenix. B) PG & E sought protection in bankruptcy court — represented by Howard Rice’s Jerome Falk — the one and same Jerome Falk of Copple vs. Astrella / In Re Girardi. C) PG & E and CPUC filed suit against El Paso before the Federal Energy Regulatory Commission — Keker & Van Nest’s Robert Van Nest and Jon Streeter represented PG & E. D) California Attorney General Bill Lockyer filed suit against PG & E alleging money was misappropriated by PG & E’s parent company during the bankruptcy proceedings. Once Jerry Brown assumed the position of Attorney General, said suit was dismissed. Separately, events surrounding PG & E, CaliforniaALL, El Paso, Sempra, Joe Dunn, Martha Escutia, Voice of OC and CPUC are also suspect. To wit, hush-hush sub-rosa transfer of $ 780,000 from the California Bar Foundation (while CPUC’s Geoffrey Brown and Howard Rice’s Douglas Winthrop served as California Bar Foundation BOD member) to CaliforniaALL. Moreover, the fact that PG & E directly funneled sums to CaliforniaALL, as well as the fact that PG & E’s Ophelia Basgal served as CaliforniaALL BOD member.The above events were extensively covered by The Leslie Brodie Report.
Unfortunately, various news media platforms maintained by The Leslie Brodie Report were recently sabotaged to exclude search results dealing with PG&E.
Effected sites:
http://lesliebrodie.blog.co.uk/
Support and research platform @ lesliebrodie.wordpress.com
Please see below:
BREAKING NEWS: News Media Platforms Maintained by The Leslie Brodie Report Sabotaged to Exclude Search Results Dealing with Energy Giant PG&E — A Client of Keker & Van Nest and Howard Rice — PG & E Involved in Shady Bankruptcy Proceedings, Sham Entity CaliforniaALL, El Paso / CPUC Litigation
Effected sites:
http://lesliebrodie.blog.co.uk/
Support and research platform @ lesliebrodie.wordpress.com
Please see below:
BREAKING NEWS: News Media Platforms Maintained by The Leslie Brodie Report Sabotaged to Exclude Search Results Dealing with Energy Giant PG&E — A Client of Keker & Van Nest and Howard Rice — PG & E Involved in Shady Bankruptcy Proceedings, Sham Entity CaliforniaALL, El Paso / CPUC Litigation
Effected sites:
http://lesliebrodie.blog.co.uk/
Support and research platform @
lesliebrodie.wordpress.com
TLR’s previously published article of February 2012 “Amid New Revelations Multi-Prong Inquiry Into Douglas Winthrop, Amy Margolin, PG & E, Justice Kathryn Werdegar, Keker & Van Nest, Geoffrey Brown, and CaliforniaAll Intensifies” (see @ http://tinyurl.com/dydqndd ) alluded to a breakthrough in connection with evens relating to Howard Rice, Douglas Winthrop, Amy Margolin, Justice Kathryn Werdegar, Keker & Van Nest, CPUC, Geoffrey Brown, CaliforniaAll and in connection with circumstances surrounding PG & E, and related actions.
As of today, May 10, 2012 TLR has been given the permission to also disclose that a red flag has been raised over Jon Streeter of Keker & Van Nest due to his involvement in legal proceedings dealing with California’s energy crisis. Specifically, litigation involving an action PG & E had filed against Houston-based El Paso Corp. Separately, and as was reported @ http://tinyurl.com/bw8c5w2 , Keker & Van Nest was also part of PG & E bankruptcy proceedings. TLR is closely monitoring the situation, and will continue to keep readers apprised of any developments as they become available.Skadden Arps Slate Meagher & Flom’s Gary MacDonald, Thomas Nolan, and Raoul Kennedy Hereby Asked to Admit or Deny Existence of Unlawful Collision with Girardi & Keese’s Thomas Girardi to Fix Cases:
Admit Skadden Arps defended the matter of Winnie the Pooh. Admit Skadden Arps defended the matter of Fogel vs. Farmers Group. Admit Skadden Arps defended the matter of In re TransPacific Passenger Air Transportation Antitrust Litigation. Admit Skadden Arps defended MGA Entertainment (Bratz Dolls) in litigation against Mattel.ADMIT SKADDEN ARPS DEFENDED THOMAS GIRARDI OF GIRARDI & KEESE IN THE NINTH CIRCUIT DISPLINARY MATTER OF IN RE GIRARDI. ADMIT THOMAS GIRARDI OF GIRARDI & KEESE REPRESENTED THE PLAINTIFFS IN THE MATTERS OF:
Addendum to TransPacific Passenger Air Transportation Antitrust Litigation (TLR Note:1 Notice Regulars – Skadden, Girardi, O’Donnell 2- Did O’Donnell Inform Courts of 120 Days Suspension 2/11-6/11? 3 – Good Use of Alec Chang, Howard Miller, Nancy Fineman)
Please see @:
http://www.skadden.com/index.cfm?contentID=45&bioID=1127
AND @:
http://lesliebrodie.posterous.com/pierce-odonnell-in-re-transpacific-passenger
A lengthy and expensive accounting in the battle over royalties on Winnie The Pooh revenues may be tainted, according to sources familiar with the case and court records.
In one development, Los Angeles Superior Court Judge Ernest Hiroshige called famed attorney Daniel J. Petrocelli into his chambers after a lengthy accounting hearing last summer and told the lawyer he did not want the Gursey, Schneider & Co. forensic accounting firm to be used in future litigation before him.
The firm was the court-appointed forensic accountant in a dispute over hundreds of millions of dollars in royalties that has been proceeding under seal for more than a decade. Disney has been fined $90,0000 and sanctioned by Judge Hiroshige for destroying at least 40 volumes of records that were sought by the plaintiffs.
In an another development, the American Reporter has learned that Arthur Andersen senior partner Christopher Paskach is named as the author of a memo on the Disney royalty audit in papers filed by Disney with the court. Paskach did not return numerous calls for comment. Andersen is currently charged with approving the destruction of key documents that might have explained the sudden collapse of the $83 billion Enron energy trading firm last year.
The controversial, long-running, long-secret case — the oldest active case in the Los Angeles County court dockets — pits the Walt Disney Co. against Stephen Slesinger, Inc., a small Tampa, Fla., firm that granted commercial rights to the beloved and best-selling Winnie The Pooh characters to Disney in 1961.
In a widely-reported talk to investors that signaled a sea change for the accounting industry, Disney chairman Michael Eisner announced about a month ago that outside auditors would no longer be used as consultants on technology and other issues. But while Eisner referred to other accounting relationships, he made no mention of Arthur Andersen & Co.’s apparent role in more than a dozen hearings before Judge Hiroshige, after which Disney admitted destroying documents it had been ordered to preserve.
A decision is reportedly near in the audit facet of the case, involving some $35 million in Pooh merchandise that was sold in Disney theme parks, Disney stores and elsewhere for which the right to royalties was not in dispute. A trial on remaining issues — mostly on royalties for rights that the plaintiffs claim to own and Disney says it owns — is likely to involve hundreds of millions of dollars, and could result in Disney’s loss of the lucrative rights. The trial is expected to begin later this year.
Because it it admitted to destroying documents after a court order to preserve them, Disney will be prohibited from arguing to a jury that its executives did not promise to pay royalties on videocassettes and computer software to the Slesinger firm. Disney claims in court papers that videocassettes are motion pictures, for which it was not required to pay the Slesingers.
There may have been at least the appearance of a conflict of interest in the accounting reference, as that part of the case is called, although it is not clear whether that was the cause of Judge Hiroshige’s alleged ire.
The issue is extremely sensitive, and sources on both sides of the matter reacted with anger when apprised of this story. Confronted with evidence that Arthur Andersen & Co. was involved in the audit, Petrocelli initially said that story was “false,” and confronted with this story, a Slesinger family spokesperson angrily demanded its retraction. However, the issue has been simmering beneath the surface of the case in closed hearings for some time.
John Costello, the Pooh court-appointed accounting referee who was formerly at Ernst & Young, a rival accounting firm, allegedly introduced Paul Donovan — Disney’s attorney at Skadden, Arps, Slate, Meagher & Flom, which represented the studio in the matter for almost 10 years — to the Gursey, Schneider accountants who handled Donovan’s divorce, sources familiar with the matter say.
They also say the “irrepressible” Donovan was vigorous in supporting the Gursey, Schenider appointment by Judge Hiroshige. The discovery referee in the case, former California Supreme Court Associate Justice David Eagleson, suggested in court documents that it could cost the parties some $500,000, most of it payable to Gursey, Schneider. An earlier accounting in the case cost just $5,100, Disney attorney Janet Dhillon said in court papers.
As head of West Coast litigation for Skadden, Arps, the lawyer would likely prove a lucrative client to an accounting firm charged with determining the division of community property under California’s restrictive laws. There is frequently a finder’s fee for such introductions, accounting professionals say, although no record of such a payment has surfaced in the Donovan divorce. That fee can range from as little as one percent in some matters to half of the firm’s revenues from a case in others.
Now, Disney is asking the court to keep records of Donovan’s divorce sealed, according to papers filed as part of the studio’s effort to keep portions of the case under seal after March 1. It is unclear from the heavily redacted record made available to the press why that unusual step was taken. Donovan has not responded to numerous requests for comment.
In a reply brief filed Feb. 21, Disney attorney Carla Christofferson writes, “Disney also seeks to keep sealed private financial information related to the divorce proceedings of former counsel — a proceeding irrelevant and unrelated to this case. … [D]isclosure of this information to the public cannot be said to further the policy considerations underlying the public’s right of access.”
Sources say Costello “brought the Pooh case with him” when he left Ernst & Young, the original forensic accountants, and came to Gursey, Schneider. Disney attorneys led by Donovan urged Hiroshige to appoint Gursey, Schneider, and Costello as the new accounting referee in the case, and the judge did so. But it is unknown whether Judge Hiroshige’s alleged comments to Petrocelli about Gursey, Schneider were based on any perceived conflict of interest.
Costello, apparently relaying Disney’s stance on the issue, would not permit a Slesinger accountant to sit in on the special accounting audit, according to testimony last summer. The Florida firm made a major issue of its exclusion when Judge Hiroshige held a four-day hearing to resolve royalty accounting issues on undisputed product categories last August. Six months later, he still has not ruled on that matter.
At the end of the accounting hearing, Gursey, Schneider accountants found few discrepancies in Disney’s royalty payments to Slesinger. Both parties sought to have the accounting set aside and to conduct a new one.
That was attributed by the plaintiffs to the destruction of documents in the case. Donovan and Skadden, Arps were forced to drop the studio as a client when Slesinger’s attorneys moved to call them as witnesses in the document drestruction.
Disney lawyers said at a 2000 hearing on the destruction that Donovan “is irrepressible, maybe,” but would never deliberately order the destruction of documents sought by opponents in any litigation.
Meanwhile, the California Supreme Court is expected to rule on Disney’s appeal of the sanctions on Feb. 28, according to officials. California’s Second Appellate District rejected the studio’s petition for a writ to suspend the sanctions in December. Its jurisdiction in the matter ends on March 7.
Source:
http://www.monitor.net/monitor/0203a/pooh4.html
The Leslie Brodie Report (TLR) is carefully following a major developing story out of California relating to Eric George of Los Angeles-based Browne George Ross.
According to knowledgeable sources, Eric George – son of former California Chief Justice Ronald George – has been named as a defendant in a lawsuit. As was previously addressed, the unsettling beneficial symbiotic relationship between Ronald George and Thomas Girardi of Girardi & Keese vis-a-vis Eric George, coupled with Eric George’s partial ownership of a bank (1st Century Bank) owned by former president of the State Bar of California Alan Rothenberg, are sources of grave concern. TLR is gathering and analyzing data concerning the suit, and will post further updates as they become available.
Allegations of greed, betrayal , and breaches of trust of the most sacred kind were leveled against a California justice in conjunction with financial contributions made by various law firms and financial institutions to an entity headed by the justice’s spouse.
Specifically, In a lawsuit filed in Orange County Superior Court, prominent Marina Del Rey-based legal expert Dan Dydzak alleges that California Supreme Court Associate Justice Kathryn Mickle Werdegar obstructed justice by participating in a scheme to boost the financial well-being of an entity (the Institute on Aging or “IOA”) headed by her husband, David Werdegar, by intentionally failing to inform parties who appeared before her on matters involving Charles Schwab of the close relationship involving donations totaling tens of thousands of dollars to IOA.
The suit avers that Justice Werdegar failed to inform interested parties of the fact that entities such as brokerhouse Charles Schwab and law firm Morrison & Foerster, for example, are major donors to the IOA. Dydzak alleges that he sustained legal injury due to his role in suing Charles Schwab on behalf of a client — a former paramour of Charles Schwab co-founder, Hugo Quackenbush — and subsequent retaliation by various entities that sought to silence him (and his client), including the now-defunct law firm of Howard Rice Nemerovski Canady Falk & Rabkin which previously represented Charles Schwab.
According to Dydzak, once his allegations of retaliation by Howard Rice and others were presented for adjudication before Justice Werdegar, she had an absolute duty to either obtain a waiver from Dydzak or recuse herself because of Charles Schwab’s financial donations to IOA, neither of which she did.
Dydzak further alleges that Werdegar’s failure to take these steps stemmed from a civil conspiracy entered into by the various parties, and specifically Charles Schwab and David Werdegar, by which Justice Werdegar would rule against Dydzak, ipso facto preventing him from further developing the case against Charles Schwab because this would have exposed Charles Schwab’s various alleged unlawful activities while at the same time enriching her husband David Werdegar financially — and, by extension, enriching her as well.
Shortly before Dydzak filed his lawsuit, David Werdegar abruptly resigned from his post as the CEO of IOA.
The Institute on Aging is a San Francisco-based senior care facility. It started as part of Mount Zion hospital (a client of Howard Rice) , and metamorphosed into its current format.
The overwhelming majority of IOA funding is provided by the City and County of San Francisco, which has a contractual relationship with IOA, and by donations by primarily Jewish foundations, such as Lisa and Matthew Chanoff, the Rose and Eugene Kleiner Family Foundation, the Koret Foundation, Bernard and Barbro Osher, and the Richard and Rhoda Goldman Fund.
Derek Anthony West (AKA Tony West) — Acting Associate Attorney General, the third highest official at the United States Department of Justice — is under scrutiny in connection with non-profit entity CaliforniaALL.
Sources with knowledge, speaking on condition of anonymity, maintain a red flag has been raised over West due to the overall circumstances surrounding non-profit entity CaliforniaALL; Voice of OC; Morrison & Foerster (“MoFo”); MoFo’s James Brosnahan of Voice of OC ; California Public Utilities Commission (“CPUC”) ; State Bar of California executive-director Joe Dunn and Martha Escutia of Voice of OC ; CaliforniaALL’s Kamala Harris ; Willie Brown and protégés — State Bar of California Board of Governors member Gwen Moore of Shrimpscam, as well as CPUC Commissioner Timothy Simon also of CaliforniaALL.
Mr. Derek Anthony West (AKA Tony West) Acting Associate Attorney General, the third highest official at the United States Department of Justice. He joined Morrison & Foerster in 2001. While at MoFo, West represented “American Taliban” John Walker Lindh alongside partners James Brosnahan and Raj Chatterjee. His sister-in-law, Kamala Harris, is the California attorney general who was part of sham non-profit entity CaliforniaALL.
Mr. West shares a laugh with sister-in-law Kamala Harris former paramour who is like an albatross hanging around her neck — Willie Brown ( an otherwise a confederate of CPUC insider and State Bar of California Board of Governor member Gwen Moore.)
From left, Ms. Lateefah Simon (spouse of CPUC Commissioner and Golden Gate University Professor Timothy Alan Simon); Mr Tony West; Mr. John Burris, a well-known and well-respected civil rights attorney whom TLR previously introduce to its readers in connection with former crack-addict Mike Nisperos during a trip to CNMI HERE.
CaliforniaALL
Ms. Ruth Ashley, a former member of the State bar of California Board of Governors, arranged with others the subrosa transfer of $769,247.00 from the State Bar to a chritable entity — CaliforniaALL — which was under her control. (Photo: courtesy)
In approximately 2007, Ruthe Catolico Ashley — an attorney from Sacramento and a member of the State Bar of California Board of Governors — was employed by CalPERS as a “Diversity Officer.” Prior to her employment with CalPERS, Ms. Ashley was employed as a diversity officer at McGeorge School of Law in Sacramento. While at McGeorge, Ms. Ashley met diversity expert Sarah Redfield.
In April 2007, Ashley, along with Sarah Redfield, met Peter Arth (Chief of Staff to CPUC President Michael Peevey) at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. According to Ashley, all three arrived for the “brainstorming session” without any notepads; they quickly improvised and resorted to recording notes on a paper napkin which were the cornerstones of CaliforniaALL. See an excerpt from CaliforniaALL’s now defunct website below:
Urban legend notwithstanding, Ashley’s version of events is slightly inaccurate, as Sarah Redfield (a visiting professor from New Hampshire who Ashley met at McGeorge School of Law) is not a member of the California Bar, and was not representing any governmental agency. In actuality, Ruthe Ashley acted on behalf of both the State Bar California and CalPERS — where she was at the time employed as a Diversity Officer. Pete Arth, an attorney with the CPUC, spoke on behalf of the CPUC.
On June 26, 2007, Ruth Ashley presented to the BOG the concept of California ALL, and recommnended that the State Bar support the organization.
Eventually, CalPERS, CPUC, and the State Bar of California endorsed in principle the creation of CaliforniaALL – a Section 501(c)(3) entity that would raise funds to be used to support a more diverse workforce in California.
Serving as CaliforniaALL legal counsel were two partners from Morrison & Foerster, Ms. Susan Mac Cormac and Eric Tate. See below:
Morrison & Foerster Team (L-R) Ms. Dian Grueneich — Former Commissioner with California Public Utilities Commission (“CPUC”); Mr. Raj Chatterjee — current board member of the Foundation of State Bar of California (DBA California Bar Foundation, entity headed by Arnold & Porter’s Douglas Winthrop formerly of Howard Rice) ; Ms. Susan Mac Cormac — part of legal team which created entity CaliforniaALL, Mac Cormac was recently awarded “Rainmaker of the Year” by James Brosnahan’s alleged former mistress Marty Africa of Major Lindsey & Africa; Mr. Tony West; Mr. James J. Brosnahan of “Voice of OC” who represented El Paso Corp during California energy crisis opposing Pierce O’Donnell, Joe Cotchett, and Thomas Girardi of Joe Dunn’s Voice of OC; Ms. Annette Carnegie, formerly member of the board of California Bar Foundation during the Hush-Hush subrosa transfer of $780,000 to CaliforniaALL; Ms. Diane Pritchard who practiced extensively before the CPUC while at MoFo. (image: courtesy photo)
In the meantime, with a green light to proceed with the plan and with the credibility of state agencies behind her, Ruthe Ashley marched on. Ashley, however, wanted to maintain a low profile AND make it appear that her subsequent hiring was purely coincidental. As such, she delegated the task of forming the entity to be known as CaliforniaALL to Sarah Redfield and Victor Miramontes.
Miramontes, a resident of San Antonio, Texas is associated with CityView, a Los Angeles-based entity controlled by former HUD Secretary Henry Cisneros
Papers were filed with both state and federal agencies to allow CaliforniaALL to operate as a tax exempt entity. Victor Miramontes listed himself as Chairman of the Board, and Sarah E. Redfield served as CaliforniaAll’s interim-executive-director for a period of 6 months. See below:
Sarah Redfield, one of the three lawyers who met at the San Francisco restaurant and who acted as CaliforniaALL’s Interim Executive Director was paid $157,763 while misclassified as an “independent contractor” in tax-returns submitted to the Internal Revenue Service.
See excerpt below from 2008 CaliforniaALL’s tax return.
Thus, it was now time for Ruthe Ashley to make her appearance. She did so in June of 2008. CaliforniaALL issued multiple press releases announcing that Ruthe Ashley would serve as CaliforniaALL’s CEO.
Incidentally, Ashley and her attorneys represented to the IRS in returns bearing her signature that she was hired after a “nationwide search”, see below:
CaliforniaALL’s was housed at: 400 Capitol Mall, Suite 2400 Sacramento, California 95814. This adress is actually the adress of the law-offices of DLA Piper in Sacramento. In its publication, CaliforniaALL thanked DLA Piper for offering pro-bono space in the Sacramento office. Yet, in CaliforniaALL’s tax-return signed by Ruthe Ashley, an expense in the amount of $16,457 for “occupancy” is listed. (See two images below)
In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub-rosa Hush-Hush contribution of $769,247.00 from the State Bar of California Foundation (DBA California Bar Foundation).
Once Ashley assumed the position, the Foundation of the State Bar of California (which is under the complete control of the State Bar of California Board of Governors) made a quiet transfer of approximately $780,000 from Cal Bar Foundation to CaliforniaALL.
At the time of the transfer, the individuals controlling the Foundation were Holly Fujie, Girardi & Keese’s Howard Miller, Howard Rice’s Douglas Winthrop, Ex CPUC Commissioner Geoffrey Brown, Annette Carnegie of Morrison & Foerster (the one and the same Morrison & Foerster which served as legal counsel to CaliforniaALL through Eric Tate Susan Mac Cormac) , and a few others.
CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.
Below is an image which reflects State Bar of California Foundation (DBA California Bar Foundation) IRS Tax-Return showing a transfer of $774,247 to CaliforniaALL.
Below, California Bar Foundation’s Newsroom, which made no mention of the “hush-hush” sub-rosa transfer to CaliforniaALL.
In 2008, serving as President of the Foundation was Mario Camara. A joint letter published and signed by Camara and Hatamiya also made no mention of the hush-hush transfer. Wasn’t Mr. Camara proud of it, just like he was proud of other money which went to support “pipelines” After all, CaliforniaALL was also intended to support “pipelines”. See below:
Below an image taken from CaliforniaALL own newsletter which alludes to the fact that the State Bar of California is a “Founding Partner” of CaliforniaALL. Stingy with credit and despite the transfer of close to $780,000 from the California Bar Foundation to CaliforniaALL, only utility companies are listed as “Founding Funders.” See below:
As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where State Bar of California Executive-Director Joe Dunn (future owner of Voice of OC) serves as trustee and chair of the Audit Committee.
Voice of OC original members of the Board of Directors(L-R) UCI Law Professor Henry Winestein, James Brosnahan of Morrison & Foerster, Thomas Girardi of Girardi & Keese State Bar of California executive director Joe Dunn, and UCI Law Dean Erwin Chemerinsky.
In September 2009, Ruthe Ashley , as though her mission had been completed, abruptly exited CaliforniaALL. In the same month and year, State Bar of California Executive Director , Mr. Joe Dunn, publicly launched the online publication “The Voice of OC” with the help of Thomas Girardi of Girardi & Keese and James Brosnahan of Morrison & Foerster.
Also on September of 2009, CaliforniaALL saw fit to honor State Bar of California Board of Governors member Shrimpscam Gwen Moore — an appointee of Karen Bass and a confederate of fellow BOG member Jeannine English from the Little Hoover Commission:
Shockingly, and to add insult to injury, Jill Sperber of the State Bar of California would later claim
“No Bar or Foundation funds were used for CAAL creation (AKA CaliforniaALL – by TLR)
See original source HERE
THE MAKE BELIEF LAUNCHING OF SAL
UCI Foundation allegedly used the money it obtained from CaliforniaALL to launch a “Saturday Law Academy. ” According to Professor Sarah Redfield’s CV, between 2008 and 2009 she “launched” CaliforniaALL, participated in RFP, and “launched” the Saturday Academy of Law at U. C. Irvine.
Similarly, CaliforniaALL’s own publication indicates that with CaliforniaALL’s grant funds, U.C. Irvine developed and implemented the Saturday Academy of Law, and that by 2009 CaliforniaALL’s mission was visibly at work through the program. See below.
Unfortunately, this is not the case. Instead, as most transactions involving CaliforniaALL, the California Bar Foundation and the State Bar of California, it is imbued with fraud and egregious acts dishonesty and deception.
Specifically, the Saturday Academy of Law has been in existence for many years, and is part of the University of California Irvine’s Center for Educational Partnerships (CFEP), which has many programs to benefit the community, such as “UCI Saturdays with Sciences,” “Saturday Academy in Mathematics,” and the like.
For example, as part of a field trip to law firms, the photo below was taken in 2005 when the UCISAL group visited the law offices of Sheppard Mullin.
In 2007, UCISAL paid a visit to Allen Matkins. (See below.) We have intentionally blurred the photo to maintain the students’ privacy. Seated on the right is Robert Hamilton. On the far right is Karina Hamilton, a former Allen Matkins associate, wife of Robert Hamilton, and Director of UCISAL.
Please double-click on the photo for full view.
In fact, UCI’s own literature gives no credit to CaliforniaALL. (See below.)
According to the sources, while there is not even a scintilla of evidence that demonstrating that Mr. West somehow pocketed any money unlawfully or engaged in any other unlawful activities, his prior work with Brosnahan as well as the eerie coincidence that those who were involved with CaliforniaALL and Voice of OC were also in support of his conformation in 2009, requires further understanding of event, if only to examine potential conflict of interests should the DOJ ever investigate Voice of OC and/or CaliforniaALL — both entities with very close ties to Morrison & Foerster, and especially partner James Brosnahan.
Voice of OC
Due to unsettling circumstances surrounding CaliforniaALL, Joe Dunn, and the Voice of OC), the complainant asked Voice of OC to produce its tax returns for the past 3 years.
Specifically, the following circumstances surrounding Voice of OC have caused concerns:
1. Senator Martha Escutia, Chair of the Senate Committee on Energy, Utilities and Communications (EU&C) also participated in meetings with the CPUC concerning diversity. She is a founding member of The Senators (Ret.) firm, LLP, as is Joe Dunn.
2. The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $769,247.00 from the Cal Bar Foundation to CaliforniaALL, were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – on one hand Morrison & Foerster’s Susan Mac Cormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation, as well as BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. On the other hand Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi as part of helping Joe Dunn with the establishment of Voice of OC.
3. CaliforniaALL was to transfer funds forward. It did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee. It appears that CaliforniaALL preselected UCI Foundation, making a prior simulated request for proposal (RFP) by Sarah Redfield that led to the grant – a sham process.
4. In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That same month, Joe Dunn publicly launched his online publication, “Voice of OC.” (as though Ashley’s mission had been completed).
5. The recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” (as though they were fleeing the scene with guilty consciences).
On September 1, 2011, Orange County’s Nonprofit Investigative News Agency and Voice of OC (collectively, “Voice of OC”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests within 30 days.
California Bar Foundation 2012 BOD (Note: 1- Error Re Year 2011 ; 2- Notice Judge Holly Fujie VP Despite Discrimination on Basis of Race 3- Notice Raj Chatterjee, Jon Streeter, Alec Chang and – of course – Douglas Winthrop)
Source:
http://calbarfoundation.org/about/board.html
2011 Board of Directors (2011 should be 2012)
Douglas A. Winthrop, President
Arnold & Porter LLP
Hon. Holly J. Fujie, Vice President
Superior Court of California, County of Los Angeles
Joan Kupersmith Larkin, Vice President
Seyfarth Shaw LLP
Frederick Brown, Secretary
Gibson, Dunn & Crutcher LLP
David Grove, Treasurer
Vaquero Capital
Sonia Gonzales, Executive Director
California Bar Foundation
Raul Ayala
Office of the Federal Public Defender
Ronald L. Blanc
Arnold & Porter LLP
Debora Buljat
General Dynamics NASSCO
Alec Y. Chang
Skadden, Arps, Slate, Meagher & Flom LLP
S. Raj Chatterjee
Morrison & Foerster LLP
Julia De Beers
Akin Gump Strauss Hauer & Feld LLP
Hon. Marguerite D. Downing
Superior Court of California, County of Los Angeles
Nancy L. Fineman
Cotchett, Pitre & McCarthy
Sandra S. Fujiyama
Sidley Austin LLP
Steven H. Goldberg
Downey Brand
Martha K. Gooding
Jones Day
Dean Hansell
Dewey & LeBoeuf, LLP
Ray Hartman
DLA Piper LLP (US)
Geoffrey Holtz
Bingham McCutchen LLP
Robert D. Infelise
Cox Castle & Nicholson LLP
Paul V. Konovalov
Latham & Watkins LLP
Justin T. Miller
BNY Mellon Wealth Management
Amy M. Ross
Orrick, Herrington & Sutcliffe LLP
Thomas Silk
SILK NONPROFIT LAW
Dianne Baquet Smith
Sheppard, Mullin, Richter & Hampton LLP
Jon Streeter
Keker & Van Nest
Christy Susman
Jack Daniels Properties, Inc.
Julie Taylor
Keesal, Young & Logan
Paul Tepper
Western Center on Law and Poverty
Mary Ann Todd
Munger, Tolles & Olson LLP
Richard Tom
Southern California Edison
Karen E. Walter
Rutan & Tucker, LLP
Nancy Whang
Manatt, Phelps & Phillips, LLP
Shawn Williams
Robbins Geller Rudman & Dowd LLP
California Bar Foundation — 180 Howard Street — S
WAYNE GRETSKY
In the legal dispute between MGA (Bratz Dolls) and Mattel (Barbie Dolls), it is estimated that MGA’s legal cost to date are close to $200 million. According to Mattel, Bratz Dolls were designed by a former Mattel employee (Carter Bryant) before he jumped ship to MGA. Mattel sought $2 billion in damages, and according to Bob Eckert, Mattel’s CEO, pursues the case “as a matter of principle.”
Representing El Segundo, California-based Mattel was John Quinn of Quinn Emanuel Urquhart & Sullivan.
Defendant Carter Bryant was represented by Keker & Van Nest’s John Keker. Los Angeles-based MGA and founder/CEO Isaac Larian were initially represented by O’Melveny & Myers. However, a dispute erupted when O’Melveny insisted that partner Daniel Petrocelli serve as lead counsel in the case.
Mr. Larian was not thrilled about Petrocelli and fired O’Melveny altogether. O’Melveny immediately demanded payment of $10 million it claims MGA and Mr. Larian owe the firm in unpaid and outstanding legal fees.
With a looming trial date, no counsel, and a threat from O’Melveny that if he does not pay he will be sued, Mr. Larian went knocking on the door of Thomas Girardi of Girardi & Keese.
MGA TEAM — COUNSELS WHO REPRESENTED DEFENDANT MGA (“BRATZ DOLLS”.) FROM LEFT: SKADDEN ARPS’ RAOUL KENNEDY AND THOMAS NOLAN ; HOWARD RICE’S JEROME FALK AND DOUGLAS WINTHROP; KEKER & VAN NEST’S JOHN KEKER AND MGA’S IN-HOUSE COUNSEL, MR. CRAIG HOLDEN.
Specifically, Larian asked Girardi to look into the fees it had paid to O’Melveny. According to media reports, Girardi stated, “When O’Melveny couldn’t get Petrocelli in the lead chair it wanted off the case. We are taking a look at the massively large fees that happened with the O’Melveny representation. On first blush, it seems like an awful lot of money for what has been accomplished. I think the client has strong reason to have great concern.”
At approximately the same time, Girardi’s friend — Thomas Nolan of Skadden Arps — was chosen to serve as counsel for MGA and Mr. Larian instead of O’Melveny. At that time, also representing MGA was its own in-house counsel, Mr. Craig Holden.
Thomas Nolan, who served as Girardi’s defense counsel (along with Diane Karpman) in the Ninth Circuit disciplinary matter of In Re Girardi stemming from an attempt by Walter Lack and Thomas Girardi to defraud the Ninth Circuit , is a well-known and respected attorney. According to Mr. Girardi, Thomas Nolan “is like “Wayne Gretsky” – he doesn’t look any bigger, tougher or faster, but the next thing you know he’s scored four goals. And he’s always a gentleman.”
Following a verdict against MGA, preparations were made for the second stage of the trial to set damages, which were estimated to be approximately $500 million. At the conclusion of that stage, the jury awarded $100 million to Mattel. In addition, Judge Stephen Larson issued a draconian injunction against MGA, ipso facto dissolving it.
Following the trial, Wayne Gretsky of Skadden Arps quickly arranged for Howard Rice’s Jerome Falk and Douglas Winthrop to join the legal team and file an immediate emergency motion with the Ninth Circuit Court of Appeals which subsequently reversed the entire judgment.
WAYNE GRETSKY-THOMAS GIRARDI -JOHN KEKER-JOE COTCHETT PROXIES REVEALED
At the conclusion of the appeal in a civil case prosecuted by the firms of Girardi & Keese and Engstrom Lipscomb & Lack against Dole Food Company, Chief Judge Alex Kozinski issued an order to show cause why Thomas Girardi and Walter Lack should not be disbarred, suspended, or sanctioned for the attempt to defraud this Court for the purpose of unjustly collecting a $500 million judgment.
Representing Thomas Girardi in those disciplinary proceedings before ther Ninth Circuit were Wayne Gretsky of Skadden Arps and ethics expert Diane Karpman.
Oral arguments ensued, during which one of the judges on the panel stated that the “elephant” in the room is the manner in which the matter would be developed by the State Bar of California.
Subsequently, the Court found both Girardi and Lack culpable, and imposed close to $500,000.00 in monetary sanctions, reprimanded Girardi, and suspended Lack. Some of the findings included that Lack and Girardi have resorted to employing “the persistent use of known falsehoods” and that “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.
The State Bar of California assigned the matter to an outside special prosecutor (Jerome Falk of Howard Rice) since Howard Miller of Girardi & Keese served as President of the State Bar, and had hired the Chief Trial counsel of the State Bar at the time, Mr. James Towery.
After conducting an interview with Walter Lack, Jerome Falk chose to not file any charges against Lack or Girardi based on his position that any false statements submitted were not “intentional.” This determination was contrary to findings made by the Ninth Circuit.
Within days of the issuance of Mr. Falk’s decision, YR advanced an ethics complaint against James Towery, Jerome Falk, Howard Miller, and Douglas Winthrop, contending that it had been improper for Mr. Towery to select Jerome Falk (of Howard Rice) to serve as special prosecutor because, among other reasons, Howard Miller (of Girardi & Keese) had appointed Howard Rice’s managing partner (Douglas Winthrop) as president of the California Bar Foundation, a foundation owned, controlled, and maintained by the State Bar of California, as well as because of the close business relationship between Howard Rice’s Jerome Falk and Wayne Gretsky of Skadden Arps.
Subsequently, and fortuitously, YR also discovered that Lack and Girardi were actually clients of Jerome Falk and Howard Rice. YR had inquired with Mr. Hawley of the State Bar of California whether this fact was known to the Special Master investigating the complaint. The State Bar of California remained mum.
Subsequently, Jerome Falk wrote to YR:
I received your November 13 email concerning my participation in the State Bar’s investigation of Walter J. Lack, Thomas V. Girardi and other attorneys. It is filled with disparaging characterizations, all of which seem to stem from your allegations that I or my firm have represented Mr. Lack and Mr. Girardi.
Your allegations are false.
I have never represented either person, or their firms. Neither has Douglas Winthrop. Nor has my firm ever represented Mr. Lack or Mr. Girardi.
From 2006-2008, my firm represented several law firms, including Engstrom, Lipscomb & Lack and Girardi & Keese, in a litigation matter. The public records of that litigation show that neither Mr. Winthrop nor I had nothing to do with that representation; in fact, I was unaware of it. The public records also show that my firm represented the law firms, but did not represent Mr. Girardi or Mr. Lack. The attorney responsible for that representation had left Howard Rice and taken the files with him before I was asked to serve as Special Deputy Trial Counsel in the State Bar matter.
You are on notice that your allegations are false. The falsity of those allegations can be determined from the public records of the litigation in question.
Jerome B. Falk, Jr.
Complainant YR wrote back:
Dear Mr. Falk:
Thank you for replying to my letter of November 13th, 2011 This will serve as a reply.
In your letter dated December 7, 2011, you attempt again to defraud and mislead in your attempt to avoid responsibility for your repugnant and deceitful actions taken in connection with your actions as a special prosecutor on behalf of the State Bar of California against two of your and your firm’s clients — Girardi & Keese and Engstrom Lipscomb & Lack (and by operation of law, Thomas Girardi and Walter Lack), as part of a scheme to exploit your authority for financial gain.
By analogy, rather than acknowledging that you were caught with your hand in the cookie jar, you seek to bamboozle the unwary by stating that it wasn’t actually your hand in the cookie jar but, rather, only your fingers, and in any event it wasn’t a jar but, rather, a plastic container which you contend doesn’t qualify as a jar. Therefore, you devote an entire paragraph proclaiming, “Your allegations are false.” You conclude by placing me on “notice” that my allegations are “false.”
The contents of your communication are unethical in the extreme, as well as entirely frivolous factually, legally, and by operation of law, to wit:
You claim, “In fact, I wasn’t aware of it” (referring to the fact that you and your firm had represented Girardi & Keese and ELL). While you acknowledge your firm (Howard Rice) did represent Girardi & Keese and ELL from 2006 to 2008 , you assert that you were not aware of this representation. Simply put, your assertion is false; it is simply implausible that for two entire years you were unaware that your firm represented such celebrity/famous/notorious attorneys such as Thomas Girardi, Walter Lack, and Pierce O’Donnell.
This is particularly true since you are a member of Howard Rice’s “attorney liability” group, which consists of between 7-9 attorneys (including your colleagues Sean SeLegue, Pamela Phillips, and Steve Mayer), and the subject matter of the litigation was a suit advanced against Girardi & Keese, ELL, and O’Donnell for legal malpractice in connection with alleged attorney misconduct in the litigation involving El Paso Natural Gas/Sempra Energy, a series of cases which received significant publicity.
I am also hard-pressed to believe that you were unaware of the estimated $250,000 retainer Girardi & Keese and ELL paid to your firm (money which paid your and your colleagues’ salaries), and that no one ever discussed this matter with you for purposes of addressing legal strategy or legal issues in person or during meetings.
Most importantly, in your letter to Robert Baker you acknowledge that you had interviewed Walter Lack. Again, you ask me to believe that Walter Lack did not mention the fact that Howard Rice represented him and his firm only one year prior to your meeting.
The fact that Walter Lack did not speak up during the interview with you is just too convenient, and is further circumstantial evidence that you and he both knew of the prior representation, and chose to nevertheless further continue with the conspiracy to obstruct justice for financial gain, to the detriment of the public and the proper administration of justice. Complete story, please continue HERE.
Proxies at the State Bar of California Board of Governors are the president of State Bar of California Jon Streeter of Keker & Van Nest, Alec Chang of Skadden Arps, Nancy Fineman of Cotchett Pitre & McCarthy, Craig Holden, and executive director of the State Bar of California — Voice of OC’s Joe Dunn, below:
Please see story in progress to be de-published @
http://lesliebrodie.blog.co.uk/2012/02/04/ophelia-basgal-ronald-george-pg-e-d…
Developing story….. Details soon…….
“People have what I call tells, like when you play poker with someone who always cracks his knuckles when he has a good hand,” said Richard Zitrin, a professor of legal ethics at UC-Hastings law school. “If he had a substantial relationship with the key players or decision makers at Amazon, I would have a lot of trouble with him being counsel against Amazon.”
Conflicts have become a tricky issue for patent attorneys who switch from the defense to the plaintiff side. On Feb. 23, U.S. District Judge William Alsup disqualified Feinberg Day Alberti & Thompson from representing Talon Research Inc., a small nonpracticing entity, in a patent infringement suit against Toshiba Corp. Six of Feinberg Day’s seven attorneys had represented Toshiba in IP matters while at DLA Piper.
And Alsup had harsh words for Feinberg Day in his 11-page disqualification order.
“Feinberg Day should have known better than to sue its recent client on a matter so similar to those on which the client had recently opened its confidences to counsel,” Alsup wrote. “The public has a right to expect fidelity to professional standards. Feinberg Day has crossed the line here.”
Please see complete story @:
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202545829358&Former_Weil_P…
Meet California Senator Mark Leno — Member of California Senate Judiciary Committee (TLR Note: 1-Leno Unreliable at the Extreme 2-Part of Cabal of Ronald George/Eric George/Howard Rice 3-Leno Behind CSC Building Named After Ronald George)
Source:
http://en.wikipedia.org/wiki/Mark_Leno
 |
|
| Member of the California Senate from the 3rd district |
|
| Incumbent | |
| Assumed office December 1, 2008 |
|
| Preceded by | Carole Migden |
| Member of the California State Assembly from the 13th district |
|
| In office December 2, 2002 – December 1, 2008 |
|
| Preceded by | Carole Migden |
| Succeeded by | Tom Ammiano |
| Member of the San Francisco Board of Supervisors from District 8 |
|
| In office April 22, 1998 – December 2, 2002 |
|
| Preceded by | Susan Leal |
| Succeeded by | Bevan Dufty |
| Personal details | |
| Born | September 24, 1951 Milwaukee, Wisconsin |
| Nationality | American |
| Political party | Democratic |
| Alma mater | University of Colorado at Boulder |
| Profession | Politician, Businessman |
| Religion | Jewish |
Mark Leno (born September 24, 1951) is an American politician, representing California’s 3rd Senate district, which includes parts of San Francisco and Sonoma County, as well as the entirety of Marin County. He was elected in 2008 and is the first openly gay man to serve in the Senate.[1] Leno was previously one of the first two openly gay men (along with John Laird) to serve in the Assembly. He also served as a member of the San Francisco Board of Supervisors between 1998 and 2002 after being appointed by Willie Brown. Leno is the owner of Budget Signs Inc., a small business.
In 2008, he won the Democratic Party nomination for California’s 3rd Senate district with 43.8 percent of the vote, defeating incumbent Senator Carole Migden, who had 28.6 percent of the vote, and former Assemblyman Joe Nation, who had 27.6 percent of the vote.[2] He was then elected with 80% of the vote in the general election.[3][dead link]
Leno is the grandson of Jewish Russian immigrants. He is a native of Wisconsin and attended the University of Colorado at Boulder, then went on to become valedictorian of his graduating class at the American College in Jerusalem, where he earned his Bachelor of Arts degree. Leno also spent two years in rabbinical studies at Hebrew Union College in New York. Afterward, he moved to San Francisco on the invitation of his sister. He lived his first four years in the Tenderloin before moving to the Noe Valley neighborhood. In 1978, Leno started Budget Signs as owner and operator. The business incorporated in 1982. Working with his life partner, Douglas Jackson, the business continued to grow and their involvement in community affairs steadily expanded. Jackson died from complications related to AIDS in 1990. Despite this loss, Leno continued his efforts in community service.[4][5]
Please see relevant links, below:
California Supreme Court Associate-Justice Hon Ming Chin:
http://lesliebrodie.blog.co.uk/2011/11/18/ming-chin-california-supreme-court-…
Leslie Hatamiya:
http://lesliebrodie.blog.co.uk/2011/05/18/leslie-hatamiya-california-bar-foun…
David Werdegar (Spouse of CSCJ Kathryn Werdegar and Father of Keker & Van Nest’s Matthew Werdegar)
http://lesliebrodie.wordpress.com/2012/03/09/breaking-news-david-werdegar-spo…
Howard Rice (Legal Scholar Dan Dydzak Substantial Factor):
http://lesliebrodie.posterous.com/embattled-howard-rice-nemerovski-canady-falk
James Towery (Alternative theory, quit due to his refusal to submit misleading report to the California legislature)
http://lesliebrodie.blog.co.uk/2011/06/16/d-e-v-e-l-o-p-i-n-g-james-towery-ca…
Girardi & Keese’s Thomas Girardi and Morrison & Foerster’s James Brosnahan:
http://lesliebrodie.blog.co.uk/2011/11/23/voice-of-oc-orange-county-s-nonprof…
Sacramento-based McGeorge School of Law Dean Elizabeth Rindskopf Parker:
http://lesliebrodie.wordpress.com/2011/08/23/mcgeorge-school-of-law-dean-eliz…
And
http://lesliebrodie.wordpress.com/2012/01/06/sacramento-based-mcgeorge-school…
Ronald George (Legal scholar Dan Dydzak substantial factor due to exposure of Bet Tzedek Connection)
http://lesliebrodie.blog.co.uk/2010/07/14/breaking-chief-justice-ronald-georg…
Holly Fujie:
http://lesliebrodie.wordpress.com/2011/12/28/holly-fujie-appointed-judge-in-t…
State Bar Executive-Director Joe Dunn of Voice of OC:
http://lesliebrodie.blog.co.uk/2011/10/19/state-bar-of-california-executive-d…
AND
http://www.thelegaloc.com/?p=451
AND
http://lesliebrodie.posterous.com/state-bar-of-california-executive-director-…
RE: NINTH CIRCUIT MATTER OF IN RE THOMAS GIRARDI ; U.S. DISTRICT COURT JUDGE MORRISON C. ENGLAND; EXECUTIVE DIRECTOR OF THE STATE BAR OF CALIFORNIA, JOE DUNN OF VOICE OF OC; JAMES BROSNAHAN OF MORRISON & FOERSTER; LAW OFFICES OF SKADDEN ARPS; HOLLY FUJIE
Dear Honorable Chief Judge Kozinski and Honorable Judges Berzon, Smith, Tashima, and Fletcher:
This is written to advise you of circumstances relating to the California State Bar’s handling of the matter of In re Girardi pursuant to an order issued by this Court.
By way of background, at the conclusion of the appeal in a civil case prosecuted by the firms of Girardi & Keese and Engstrom Lipscomb & Lack against Dole Food Company, Judge Kozinski issued an order to show cause why Thomas Girardi and Walter Lack should not be disbarred, suspended, or sanctioned for the attempt to defraud this Court for the purpose of unjustly collecting a $500 million judgment.
Representing Thomas Girardi in those disciplinary proceedings before this Court were the law firm of Skadden Arps and ethics expert Diane Karpman. Ms. Karpman asked this Court to appoint a special prosecutor, and the Court appointed Hastings Law School professor Rory Little.
Oral arguments ensued, during which one of the judges on the panel stated that the “elephant” in the room is the manner in which the matter would be developed by the State Bar of California.
Subsequently, this Court found both Girardi and Lack culpable, and imposed monetary sanctions, reprimanded Girardi, and suspended Lack. This Court also ordered Girardi and Lack to report its findings to the State Bar of California.
Judge William Fletcher, a member of the Ninth Circuit panel that adjudicated the matter of In re Girardi, 08-80090, rejected the lenient recommendations of Rory Little. He stated: “with any competent lawyer if you’re omitting part of a document, that is not accidental. That is intentional.” The court adjudicated that the grave misconduct by Walter Lack and Thomas Girardi included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.
The day after this Court issued its ruling, respondents’ counsel moved to redact their names from the published decision, a motion this Court denied. (This issue will surface again, below.)
The State Bar of California assigned the matter to an outside special prosecutor (Jerome Falk of Howard Rice) since Howard Miller of Girardi & Keese served as President of the State Bar, and had hired the Chief Trial counsel of the State Bar at the time, Mr. James Towery.
After conducting an interview with Walter Lack, Jerome Falk chose to not file any charges against Lack or Girardi based on his position that any false statements submitted were not “intentional.” This determination was contrary to findings made by this Court.
Within days of the issuance of Mr. Falk’s decision, I advanced an ethics complaint against James Towery, Jerome Falk, Howard Miller, and Douglas Winthrop, contending that it had been improper for Mr. Towery to select Jerome Falk (of Howard Rice) to serve as special prosecutor because, among other reasons, Howard Miller (of Girardi & Keese) had appointed Howard Rice’s managing partner (Douglas Winthrop) as president of the California Bar Foundation, a foundation owned, controlled, and maintained by the State Bar of California.
(Incidentally, while examining materials in connection with California Bar Foundation board members, including Howard Miller of Girardi & Keese, Douglas Winthrop of Howard Rice, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown (cousin of governor Jerry Brown, I also unearthed disturbing events relating to a Section 501 entity known as CaliforniaALL involving many of the same individuals and related entities.)
The peculiar nature of the motion to redact the names of respondents’ counsel from the published decision of this Court prompted me to look into the matter further. I then discovered that, beginning in 2003, Girardi & Keese and Engstrom Lipscomb & Lack were prosecuting a class action case against Farmers Insurance Company, which was represented by Skadden Arps. This was a nationwide class action with estimated damages of close to $15 billion that had originally been filed by Texas Governor Rick Perry.
I thereafter informed the Los Angeles County Superior Court (Judge William Highberger) of this information, and filed a State Bar ethics complaint against attorneys Thomas Girardi of Girardi & Keese and Thomas Nolan and Raoul Kennedy of Skadden Arps because neither the class of plaintiffs (consisting of 14 million Americans), nor the courts (the Ninth Circuit in the matter of In Re Girardi and the Los Angeles County Superior Court in the matter of Fogel vs. Farmers) had been informed of the concurrent representation by which Skadden Arps represented Girardi & Keese (in the Ninth Circuit matter), while at the same time defending Farmers against Girardi and Keese’s clients (in the Fogel v. Farmers matter). (This background may help explain why Skadden Arps rushed to defend Thomas Girardi before the Ninth Circuit.)
Shortly after I filed this ethics complaint, Skadden Arps moved ex parte (which, not surprisingly, was unopposed) to amend the settlement agreement in the Fogel matter and the notice to the class of 14 million Americans throughout the country to include a proviso by which members of the class would be prohibited from suing anyone due to the concurrent representation described above. Nevertheless, the State Bar of California decided not to take any action on this ethics complaint.
In the meantime, I also discovered that during the period that Howard Miller, Douglas Winthrop, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown were serving as board members for the California Bar Foundation, a highly unusual financial transaction took place in which approximately $780,000 was quietly transferred, causing the California Bar Foundation to end the year in the red.
Upon further examination, I discovered that the money had been transferred to a newly-created Section 501(c)(3) non-profit entity (headed by a friend of Chief Justice Tani Cantil-Sakayue — Ruthe Catolico Ashley) known as CaliforniaALL. In turn, CaliforniaALL funneled a large portion of the money to the UCI Foundation, where State Bar of California Executive Director Joe Dunn served as trustee.
CaliforniaALL never acknowledged receipt of the $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, the California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.
Various factors and evidence caused me to suspect that a significant portion of the funds transferred from the California Bar Foundation ended up financing a newly-created online publication which Joe Dunn had launched with the help of Thomas Girardi and James Brosnahan of Morrison & Foerster; this online publication is known as “Voice of OC.”
Those factors include, but are not limited to, the fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – Morrison & Foerster’s Susan MacCormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation; and BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi also assisted Joe Dunn in establishing Voice of OC.
While James Brosnahan and Thomas Girardi served as members of the Voice of OC board of directors, for unknown reasons they subsequently chose to quit.
Based on my concerns, I requested that Voice of OC provide me with copies of its IRS 990 forms. Voice of OC did not comply with applicable IRS regulation in that it failed to reply to my request for copies of its 990 forms submitted to the IRS, whereupon I filed a complaint against Voice of OC and Joe Dunn with the IRS.
Also in connection with CaliforniaALL, I have advanced a judicial misconduct complaint against Judge Morrison England since State Bar of California Executive Director Judy Johnson, Judge England, his wife (Torie Flournoy-England), and State Bar of California employee Patricia Lee were all members of CaliforniaALL’s board of directors and/or advisory council. The basis for that complaint was these individuals’ failure to inform plaintiff Sara Granda — who had filed an action in federal court naming the State Bar of California as a sole defendant that was heard by Judge Morrison England — of these facts.
On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus.
Specifically, without informing plaintiff Granda of his relationship with Judy Johnson (the State Bar’s Executive Director) vis-a-vis CaliforniaALL and either obtaining a waiver from this plaintiff or independently recusing himself, Judge England summarily dismissed Ms. Granda’s complaint against the California State Bar. Fortunately for Ms. Granda, several days later then-Governor Arnold Schwarzenegger championed her cause and pressured the California Bar to accommodate her needs.
Unfortunately, the Clerk of the Ninth Circuit rejected my complaint against Judge England claiming, incorrectly, that I did not comply with a requirement to insert wording to the effect that I understand that irrespective of the complaint, the outcome of the underlying case will not be affected. At that point, I chose not to resubmit the complaint against Judge England.
My discovery concerning Jerome Falk (specifically, that Thomas Girardi and Walter Lack were clients of his firm) occurred only a few months ago, and my plan was to approach the Ninth Circuit to request either that the Court reopen the matter of In Re Girardi or that it appoint a special prosecutor to determine what, if any, ethical violations transpired.
However, in a shocking turn of events, I was recently served with a search warrant while at home. Six investigators from the Yolo County District Attorney’s office (some of them armed) arrived at my home on February 23, 2012, searched the premises, and confiscated two computers and documents relating to, among others, Joe Dunn, Thomas Girardi, Judy Johnson, Holly Fujie, Alec Chang of Skadden Arps, James Towery, and State Bar attorneys Mark Torres Gil, Lawrence Yee, and Rachel Grunberg, as well as material belonging to online publication The Leslie Brodie Report, and communications from the Internal Revenue Service relating to the complaint I had filed against Joe Dunn and Voice of OC.
My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.
Incidentally, I was informed by friendly sources many months ago that if choose to expose corruption concerning Joe Dunn and Thomas Girardi via these complaints, they will try to frame me by various means similar to the ones used against Erin Baldwin. At that time, my reaction was complete skepticism of Erin Baldwin and her story because I could not imagine that such conduct could occur in our country. It appears that I may have been naive.
Consequently, please note the motion to re-open the In Re Girardi matter will be delayed.
Thank you for your time.
RE: NINTH CIRCUIT MATTER OF IN RE THOMAS GIRARDI ; U.S. DISTRICT COURT JUDGE MORRISON C. ENGLAND; EXECUTIVE DIRECTOR OF THE STATE BAR OF CALIFORNIA, JOE DUNN OF VOICE OF OC; JAMES BROSNAHAN OF MORRISON & FOERSTER; LAW OFFICES OF SKADDEN ARPS; HOLLY FUJIE
Dear Honorable Chief Judge Kozinski and Honorable Judges Berzon, Smith, Tashima, and Fletcher:
This is written to advise you of circumstances relating to the California State Bar’s handling of the matter of In re Girardi pursuant to an order issued by this Court.
By way of background, at the conclusion of the appeal in a civil case prosecuted by the firms of Girardi & Keese and Engstrom Lipscomb & Lack against Dole Food Company, Judge Kozinski issued an order to show cause why Thomas Girardi and Walter Lack should not be disbarred, suspended, or sanctioned for the attempt to defraud this Court for the purpose of unjustly collecting a $500 million judgment.
Representing Thomas Girardi in those disciplinary proceedings before this Court were the law firm of Skadden Arps and ethics expert Diane Karpman. Ms. Karpman asked this Court to appoint a special prosecutor, and the Court appointed Hastings Law School professor Rory Little.
Oral arguments ensued, during which one of the judges on the panel stated that the “elephant” in the room is the manner in which the matter would be developed by the State Bar of California.
Subsequently, this Court found both Girardi and Lack culpable, and imposed monetary sanctions, reprimanded Girardi, and suspended Lack. This Court also ordered Girardi and Lack to report its findings to the State Bar of California.
Judge William Fletcher, a member of the Ninth Circuit panel that adjudicated the matter of In re Girardi, 08-80090, rejected the lenient recommendations of Rory Little. He stated: “with any competent lawyer if you’re omitting part of a document, that is not accidental. That is intentional.” The court adjudicated that the grave misconduct by Walter Lack and Thomas Girardi included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.
The day after this Court issued its ruling, respondents’ counsel moved to redact their names from the published decision, a motion this Court denied. (This issue will surface again, below.)
The State Bar of California assigned the matter to an outside special prosecutor (Jerome Falk of Howard Rice) since Howard Miller of Girardi & Keese served as President of the State Bar, and had hired the Chief Trial counsel of the State Bar at the time, Mr. James Towery.
After conducting an interview with Walter Lack, Jerome Falk chose to not file any charges against Lack or Girardi based on his position that any false statements submitted were not “intentional.” This determination was contrary to findings made by this Court.
Within days of the issuance of Mr. Falk’s decision, I advanced an ethics complaint against James Towery, Jerome Falk, Howard Miller, and Douglas Winthrop, contending that it had been improper for Mr. Towery to select Jerome Falk (of Howard Rice) to serve as special prosecutor because, among other reasons, Howard Miller (of Girardi & Keese) had appointed Howard Rice’s managing partner (Douglas Winthrop) as president of the California Bar Foundation, a foundation owned, controlled, and maintained by the State Bar of California.
(Incidentally, while examining materials in connection with California Bar Foundation board members, including Howard Miller of Girardi & Keese, Douglas Winthrop of Howard Rice, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown (cousin of governor Jerry Brown, I also unearthed disturbing events relating to a Section 501 entity known as CaliforniaALL involving many of the same individuals and related entities.)
The peculiar nature of the motion to redact the names of respondents’ counsel from the published decision of this Court prompted me to look into the matter further. I then discovered that, beginning in 2003, Girardi & Keese and Engstrom Lipscomb & Lack were prosecuting a class action case against Farmers Insurance Company, which was represented by Skadden Arps. This was a nationwide class action with estimated damages of close to $15 billion that had originally been filed by Texas Governor Rick Perry.
I thereafter informed the Los Angeles County Superior Court (Judge William Highberger) of this information, and filed a State Bar ethics complaint against attorneys Thomas Girardi of Girardi & Keese and Thomas Nolan and Raoul Kennedy of Skadden Arps because neither the class of plaintiffs (consisting of 14 million Americans), nor the courts (the Ninth Circuit in the matter of In Re Girardi and the Los Angeles County Superior Court in the matter of Fogel vs. Farmers) had been informed of the concurrent representation by which Skadden Arps represented Girardi & Keese (in the Ninth Circuit matter), while at the same time defending Farmers against Girardi and Keese’s clients (in the Fogel v. Farmers matter). (This background may help explain why Skadden Arps rushed to defend Thomas Girardi before the Ninth Circuit.)
Shortly after I filed this ethics complaint, Skadden Arps moved ex parte (which, not surprisingly, was unopposed) to amend the settlement agreement in the Fogel matter and the notice to the class of 14 million Americans throughout the country to include a proviso by which members of the class would be prohibited from suing anyone due to the concurrent representation described above. Nevertheless, the State Bar of California decided not to take any action on this ethics complaint.
In the meantime, I also discovered that during the period that Howard Miller, Douglas Winthrop, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown were serving as board members for the California Bar Foundation, a highly unusual financial transaction took place in which approximately $780,000 was quietly transferred, causing the California Bar Foundation to end the year in the red.
Upon further examination, I discovered that the money had been transferred to a newly-created Section 501(c)(3) non-profit entity (headed by a friend of Chief Justice Tani Cantil-Sakayue — Ruthe Catolico Ashley) known as CaliforniaALL. In turn, CaliforniaALL funneled a large portion of the money to the UCI Foundation, where State Bar of California Executive Director Joe Dunn served as trustee.
CaliforniaALL never acknowledged receipt of the $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, the California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.
Various factors and evidence caused me to suspect that a significant portion of the funds transferred from the California Bar Foundation ended up financing a newly-created online publication which Joe Dunn had launched with the help of Thomas Girardi and James Brosnahan of Morrison & Foerster; this online publication is known as “Voice of OC.”
Those factors include, but are not limited to, the fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – Morrison & Foerster’s Susan MacCormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation; and BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi also assisted Joe Dunn in establishing Voice of OC.
While James Brosnahan and Thomas Girardi served as members of the Voice of OC board of directors, for unknown reasons they subsequently chose to quit.
Based on my concerns, I requested that Voice of OC provide me with copies of its IRS 990 forms. Voice of OC did not comply with applicable IRS regulation in that it failed to reply to my request for copies of its 990 forms submitted to the IRS, whereupon I filed a complaint against Voice of OC and Joe Dunn with the IRS.
Also in connection with CaliforniaALL, I have advanced a judicial misconduct complaint against Judge Morrison England since State Bar of California Executive Director Judy Johnson, Judge England, his wife (Torie Flournoy-England), and State Bar of California employee Patricia Lee were all members of CaliforniaALL’s board of directors and/or advisory council. The basis for that complaint was these individuals’ failure to inform plaintiff Sara Granda — who had filed an action in federal court naming the State Bar of California as a sole defendant that was heard by Judge Morrison England — of these facts.
On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus.
Specifically, without informing plaintiff Granda of his relationship with Judy Johnson (the State Bar’s Executive Director) vis-a-vis CaliforniaALL and either obtaining a waiver from this plaintiff or independently recusing himself, Judge England summarily dismissed Ms. Granda’s complaint against the California State Bar. Fortunately for Ms. Granda, several days later then-Governor Arnold Schwarzenegger championed her cause and pressured the California Bar to accommodate her needs.
Unfortunately, the Clerk of the Ninth Circuit rejected my complaint against Judge England claiming, incorrectly, that I did not comply with a requirement to insert wording to the effect that I understand that irrespective of the complaint, the outcome of the underlying case will not be affected. At that point, I chose not to resubmit the complaint against Judge England.
My discovery concerning Jerome Falk (specifically, that Thomas Girardi and Walter Lack were clients of his firm) occurred only a few months ago, and my plan was to approach the Ninth Circuit to request either that the Court reopen the matter of In Re Girardi or that it appoint a special prosecutor to determine what, if any, ethical violations transpired.
However, in a shocking turn of events, I was recently served with a search warrant while at home. Six investigators from the Yolo County District Attorney’s office (some of them armed) arrived at my home on February 23, 2012, searched the premises, and confiscated two computers and documents relating to, among others, Joe Dunn, Thomas Girardi, Judy Johnson, Holly Fujie, Alec Chang of Skadden Arps, James Towery, and State Bar attorneys Mark Torres Gil, Lawrence Yee, and Rachel Grunberg, as well as material belonging to online publication The Leslie Brodie Report, and communications from the Internal Revenue Service relating to the complaint I had filed against Joe Dunn and Voice of OC.
My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.
Incidentally, I was informed by friendly sources many months ago that if choose to expose corruption concerning Joe Dunn and Thomas Girardi via these complaints, they will try to frame me by various means similar to the ones used against Erin Baldwin. At that time, my reaction was complete skepticism of Erin Baldwin and her story because I could not imagine that such conduct could occur in our country. It appears that I may have been naive.
Consequently, please note the motion to re-open the In Re Girardi matter will be delayed.
Thank you for your time.
Developing story….. Details soon…..
Addendum to James Towery, Jeff Reisig, Mike Cabral in State Bar Cover-Up of In Re Girardi — Complainant Discovery Special Prosecutor — Howard Rice’s Jerome Falk — Actually Defense Lawyer of Thomas Girardi and Walter Lack.
Please see @:
And @:
Related story @:
http://lesliebrodie.blog.co.uk/2011/01/27/david-cameron-carr-it-is-good-to-be-king-10441240/
Search warrant re James Towery, below:
Complaint against James Towery dated 12/23/2010, below:
Dear President Hebert and Members of the Board of Governors:
Please consider this to be a formal request that the Board ofIn TLR previosly published article”The World According to Erin Baldwin, Part 2″ See @:
http://lesliebrodie.blog.co.uk/2012/02/20/revealed-holly-fujie-and-judge-doll…
Among others, the article contains the following paragraph:
“The latest allegations came as racial minorities in position of trust are routinely accused of intentional misrepresentation by failing to fulfill their duties to avoid any and all appearance of, let alone real, improprieties, and usually involving entities which are on the receiving end of money from large corporations, and usually utility companies. Most notable of which are “Shakedown Artist” Gwen Moore, Judy Johnson, Leslie Hatamiya, Ruthe Catolico Ashley, Maria Lucy Armendariz-Antonio Villaraigosa, Justice Ming Chin, Alec Chang, Lawrence Yee, former crack-addict Mike Nisperos. Pat McElroy, and U.S. District Court Judge Morrison C. England. “
TLR’s readers should note that while the above paragraph was part of a story concering Erin Baldwin, it was not wriitten by Ms Baldwin, and otherwise should not be attributed to her.
As part of a journalistic inquiry, The Leslie Brodie Report hereby asks Arent & Fox’s Stephen Larson to opine on home invasion / fishing expedition orchestrated by the State Bar of California.
See story in progress @:
http://lesliebrodie.blog.co.uk/2012/02/24/subsequent-to-compliant-to-irs-re-s…
Please observe that, rather than contacting Mr Larson directly, the query is being delivered publicly, here and now.
Any opinion or observation can be sent to lesliebrodie@gmx.com
Please observe that, rather than contacting former California Atty. Gen. Bill Lockyer directly, the query is being delivered publicly, here and now.
Any opinion or observation can be sent to lesliebrodie@gmx.com
Related stories, please see @:
http://lesliebrodie.posterous.com/2009-states-2002-lawsuit-against-pge-dismisse
And @:
http://lesliebrodie.blog.co.uk/2012/02/04/ophelia-basgal-ronald-george-pg-e-d…
Amid concerns over disquieting circumstances surrounding Howard Rice, PG & E , Jospeh Grodin and PG & E ‘s Ophelia Basgal, as part of a journalistic inquiry The Leslie Brodie Report hereby asks Bien & Summers’ Amy Margolin (formerly of Howard Rice) to disclose any and all non-confidential relevant information, including , but not limited to, any contact she might have had with PG & E’s Ophelia Basgal and Mr Joseph Grodin.
Please observe that, rather than contacting Bien & Summers’ Amy Margolin (formerly of Howard Rice) directly, the query is being delivered publicly, here and now. Any information Ms Margolin wishes to to share, can be sent to lesliebrodie@gmx.com
Amid continuing controversy over the appointment of Jerome Falk to serve as “special prosecutor” on behalf of the State Bar of California to examine attorney misconduct in connection with the Ninth Circuit matter of In Re Girardi; as part of a journalistic inquiryThe Leslie Brodie Report hereby asks Ms Marcy Tiffany to opine on recent developments.
Specifically, Jerome Falk’s alleged failure to disclose that those he was suppose to prosecute on behalf of the State Bar of California (Thomas Girardi, Girardi & Keese, Walter Lack, Engstrom Lipscomb & Lack) were actually his and his firm’s clients. This newly discovered “Smoking Gun” evidence relates to the fact that starting in 2005, the law firm of Howard Rice Candy Falk & Rabkin represented both Girardi & Keese and Engstrom Lipscomb & Lack in a class action advanced by plaintiff Robert Copple.
Early last year, Howard Rice Partner Jerome Falk was accused of wrongdoing as a result of his decision to exonerate a friend of Ronald George – Thomas Girardi of Girardi & Keese – along with Walter Lack of Engstrom Lipscomb & Lack for misconduct the two committed while litigating a case against Dole Food Company before the Ninth Circuit Court of Appeals.
During the Ninth Circuit proceedings, and after the case against Dole was dismissed, Chief Judge Alex Kozinski issued an order to show cause why attorneys Walter Lack, Paul Triana, and Sean Topp of Engstrom Lipscomb & Lack, as well as Thomas Girardi and Howard Miller of Girardi & Keese, should not be disbarred or suspended from practicing before the Ninth Circuit.
Subsequently, in late 2010, a Ninth Circuit panel consisting of Justices William Fletcher , Marsha Berzon, and Randy Smith found that Lack and Girardi had committed grave misconduct which included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.
Despite the Ninth Circuit’s determination, in his capacity as special prosecutor, and after reviewing the Ninth Circuit file, Howard Rice partner Jerome Falk chose to not file any disciplinary accusations against Thomas Girardi and Walter Lack, stating that he believed Lack’s misconduct was not intentional.
Mr Tom Girardi of Los Angeles-based Girardi & Keese. Per findings by the Ninth Circuit, Walter Lack and Thomas Girardi have resorted to employing “the persistent use of known falsehoods” and “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation. Subsequnet to those findings, the State Bar of California appointed Howard Rice’s Jerome Falk to serve as special prosecutor against Girardi, Lack, and their respective firms. None mentioned that Girardi and Lack are actually clients of Jerome Falk and Howard Rice. See story here. (Image: courtesy photo)
Please observe that, rather than contacting Ms Marcy Tiffany directly, the query is being delivered publicly, here and now.
Any opinion or observation can be sent to lesliebrodie@gmx.com
As part of a journalistic inquiry, The Leslie Brodie Report hereby asks Pierce O’Donnell to disclose all non-confidential information relating to Girardi & Keese, Thomas Girardi, Eric George, Howard Rice, Jerome Falk, and in connection with litigation over royalties re fictional charachter — Winnie the Pooh.
Please observe that, rather than contacting POD directly, the query is being delivered publicly, here and now.
Any information or observation can be sent to lesliebrodie@gmx.com
As part of a journalistic inquiry, The Leslie Brodie Report hereby asks Kreindler & Kreindler’s Gretchen Nelson to opine on matters relating to former partner Susan Friery, and in connection with Kreindler & Kreindler 20 year failure to detect the fraud.
Was Kreindler & Kreindler’s failure to detect the fraud part of an scheme? Or, in the alternative, was it a result of mere recklesness?
For background information, background visit @:
http://lesliebrodie.blog.co.uk/2012/02/13/susan-friery-aka-susan-mowbray-biog…
Additionaly, The Leslie Brodie Report hereby asks Kreindler & Kreindler’s Gretchen Nelson to opine on matters relating to Walter Lack of Engstrom Lipscomb & Lack.
For background information, , please see @:
http://lesliebrodie.blog.co.uk/2011/11/15/united-states-court-of-appeals-for-…
Please observe that, rather than contacting you directly, the query is being delivered publicly, here and now.
Any opinion or observation can be sent to lesliebrodie@gmx.com
As part of a journalistic inquiry, The Leslie Brodie Report hereby asks Kreindler & Kreindler’s Gretchen Nelson to opine on matters relating to former partner Susan Friery, and in connection with Kreindler & Kreindler 20 year failure to detect the fraud.
Was Kreindler & Kreindler’s failure to detect the fraud part of an scheme? Or, in the alternative, was it a result of mere recklesness?
For background information, background visit @:
http://lesliebrodie.blog.co.uk/2012/02/13/susan-friery-aka-susan-mowbray-biog…
Additionaly, The Leslie Brodie Report hereby asks Kreindler & Kreindler’s Gretchen Nelson to opine on matters relating to Walter Lack of Engstrom Lipscomb & Lack.
For background information, , please see @:
http://lesliebrodie.blog.co.uk/2011/11/15/united-states-court-of-appeals-for-…
Please observe that, rather than contacting you directly, the query is being delivered publicly, here and now.
Any opinion or observation can be sent to lesliebrodie@gmx.com
Legal Scholar Dan Dydzak Hereby Asked to Opine on Relationship Between Howard Rice’s Douglas Winthrop of Jewish Family & Children’s Services of San Francisco and David Werdegar of Institute on Aging (IOA) / Keker Van Nest’s Matthew Werdegar.
IN RE PACIFIC GAS & ELEC. CO.
331 B.R. 915 (2005)
In re PACIFIC GAS & ELECTRIC COMPANY, Debtor.
No. 01-30923DM.
United States Bankruptcy Court, N.D. California.
Full text @:
http://www.leagle.com/xmlResult.aspx?xmldoc=20051246331BR915_11149.xml
The Leslie Brodie Report (TLR) is carefully following a major developing story out of California relating to Howard Rice, Douglas Winthrop, Amy Margolin, Justice Kathryn Werdegar, Keker & Van Nest, CPUC, Geoffrey Brown, CaliforniaAll and in connection with circumstnaces sorrounding PG & E, and related actions.
Sources with knowledge of the probe, speaking on condition of anonymity, maintain the multi-prong probe is rapidly expanding and encompasses broader inquiries than had been conducted up to now with “major breakthroughs” the sources described as “mind-boggling .“
TLR is closely monitoring the situation, and will continue to keep readers apprised of any developments as they become available.
Amy’s practice has focused on civil appeals for more than ten years. Before joining Bien & Summers, she was a director in the appellate practice group of Howard Rice Nemerovski Canady Falk & Rabkin in San Francisco.
Amy has successfully argued cases in the California Court of Appeal and the United States Court of Appeals for the Ninth Circuit, including an en banc panel of the Ninth Circuit. She has had major responsibilities in appellate matters spanning a wide variety of issues and industries, with stakes ranging up to hundreds of millions of dollars. She lectures frequently in the area of appellate practice, and since 2007 has been recognized in the annual “Super Lawyers” survey of Law & Politics as among the top five percent of appellate lawyers practicing in Northern California.
Amy lives in San Francisco with her wife and their two daughters.
Notable recent results
- David Chow, M.D. v. Central East Bay Medical Group Inc. (Cal. Ct. App., 1st Dist., Div. 1 (2011)). Successfully represented independent physician association in appeal of judgment exonerating it of physician’s wrongful termination claim, alleging violation of anti-gag statute protecting certain doctor-patient communications. Defeated doctor’s request for emergency stay of his termination from the physician group pending appeal, following which the case promptly settled.
- Spalding Laboratories, Inc. v. Arizona Biological Control, Inc., 9th Cir. Nos. 07-56876, 08-56006 (2009). Representing the plaintiff in a multi-million dollar Lanham Act false advertising case, played major role in both obtaining a reversal of the defense judgment entered after trial and obtaining an order reassigning the case for retrial to a new District Judge.
- Global Reach Investment Corp. v. Burlingame Investment Corp., (Cal. Ct. App., 1st Dist., Div. 3 (2008-2009). Lead appellate counsel to real estate development company sued for an alleged debt of more than $4 million. Successfully moved to dismiss the plaintiff’s appeal from the defense judgment (click here for the motion), and successfully defended on appeal the resulting $810,000 attorneys’ fees award (click here for brief and opinion).
- In re Marriage Cases, 43 Cal. 4th 757 (2008). Lead outside appellate counsel to City and County of San Francisco in successful constitutional challenge to California’s ban on marriage by same-sex couples.
- Brittalia Ventures v. Stuke Nursery Co., Inc., 153 Cal. App. 4th 17 (2007). Lead appellate counsel to commercial nursery on its appeal from judgment entered after jury trial in breach of warranty action. Obtained reversal of $750,000 attorneys’ fee award though judgment otherwise affirmed. Click here for answer successfully opposing petition for Supreme Court review of the attorneys’ fee issue.
- Transcontinental Ins. Co. v. Insurance Co. of the State of Pennsylvania, 148 Cal. App. 4th 1296 (2007). Successfully represented primary insurers on appeal in coverage dispute with excess insurer arising from construction defect litigation. Click here for the opinion.
- In re Pacific Gas & Electric Company, 280 B.R. 506 (N.D. Cal. 2002). Successfully established appellate jurisdiction over public utility’s appeal from pre-trial ruling rejecting central feature of its proposed reorganization plan. Click here for principal pleadings and decision.
Honors, Publications, Teaching and Speaking Engagements
Appellate Practice:
- Recognized since 2007 as a Northern California Super Lawyer in appellate practice by Law & Politics.
- Practitioner Advisor, U.C. Berkeley School of Law, Appellate Advocacy Class.
- Speaker, Appeals (Civil): Winning Strategies From Start To Finish, sponsored by Pincus Professional Education (September 2011).
- “Appellate Litigation Strategies,” presented to 2010 Annual Convention of Western Manufactured Housing Communities Association (October 2010).
- Speaker, The Complete Appeal Conference: Strategies From Start To Finish, sponsored by Pincus Professional Education (September 2009).
- Co-speaker in four-part, national webcast lecture series on appellate law, sponsored by West LegalEdcenter and Celesq AttorneysEd Center: “Appellate Law For Trial Lawyers” (January 2009); “Mistakes To Avoid On Appeal” (October 2008); “What Corporate Counsel Need To Know About Appeals” (September 2008); and “Preparing a Great Appellate Brief” (August 2008).
- “Get It On The Record,” California Lawyer (October 2008).
- Speaker, “Keys to Successful Appeals: Do’s and Don’ts From A Proven Winner,” national audio conference sponsored by National Constitution Center (June 2008).
- Speaker, Appellate Law For Trial Attorneys, conference sponsored by Bridgeport Continuing Education (January 2008).
- Speaker, Appellate Law and Practice, conference sponsored by Bridgeport Continuing Education (December 2006).
Civil Liberties:
- Symposium speaker, “The State of Same-Sex Marriage: Past, Present and Future,” sponsored by Loyola University Chicago School of Law and the Lesbian and Gay Bar Association of Chicago (March 2009, Chicago).
- “One Giant Leap – Down the Aisle,” San Francisco Daily Journal (June 17, 2008).
Dan Grunfeld, President
Eric Joss, Vice President
Jennifer King, Treasurer
Molly Selvin, Secretary
David McFadden, Immediate Past PresidentGeorge W. Abele
Theodore J. Boutrous, Jr., Esq.
John F. Burns
John S. Caragozian
Joyce Cook, Esq.
Jake Dear, Esq.
John A. Donovan, Esq.
Mark J. Goldzweig
Hon. Barry Goode
Ellis Horvitz, Esq.
Mitchell Keiter, Esq.
Jennifer King, Esq.
Kristine Knaplund, Esq.
Douglas R. Littlefield, Ph.D.
Thomas McDermott, Esq.
Ray E. McDevitt , Esq.
David McFadden
Frederick K. Ohlrich
Edward S. Renwick, Esq.
Kent Richland, Esq.
Prof. Harry Scheiber
James Shekoyan, Esq.
Prof. Karen Smith
Selma Moidel Smith, Esq.
Hon. Kathryn M. Werdegar
Robert Wolfe, Esq.
Prof. Barbara Babcock
Hon. Zel Canter
Melvin Goldman, Esq.
Margaret Levy, Esq.
Hon. Elwood Lui, Ret.
Amy Margolin, Esq.
Hon. Richard M. Mosk
Kevin O’Connell, Esq.
Peter I. Ostroff, Esq.
J. Thomas Rosch, Esq.
Robert C. Vanderet, Esq.
Hon. John Shepard Wiley, Jr.
Douglas Young, Esq
Amid continuing controversy over the appointment of Jerome Falk to serve as “special prosecutor” on behalf of the State Bar of California to examine attorney misconduct in connection with the Ninth Circuit matter of In Re Girardi, The Leslie Brodie Report hereby asks the Honorable A. Wallace Tashima — U.S. Circuit Judge and special master in matter of In Re Girardi – to opine on recent developments.
Specifically, Jerome Falk’s alleged failure to disclose that those he was suppose to prosecute (Thomas Girardi of Girardi & Keese and Walter Lack of Engstrom Lipscomb & Lack) were actually his and his firm’s clients. This newly discovered “Smoking Gun” evidence relates to the fact that starting in 2005, the law firm of Howard Rice Candy Falk & Rabkin represented both Girardi & Keese and Engstrom Lipscomb & Lack in a class action advanced by plaintiff Robert Copple.
Early last year, Howard Rice Partner Jerome Falk was accused of wrongdoing as a result of his decision to exonerate a friend of Ronald George – Thomas Girardi of Girardi & Keese – along with Walter Lack of Engstrom Lipscomb & Lack for misconduct the two committed while litigating a case against Dole Food Company before the Ninth Circuit Court of Appeals.
During the Ninth Circuit proceedings, and after the case against Dole was dismissed, Chief Judge Alex Kozinski issued an order to show cause why attorneys Walter Lack, Paul Triana, and Sean Topp of Engstrom Lipscomb & Lack, as well as Thomas Girardi and Howard Miller of Girardi & Keese, should not be disbarred or suspended from practicing before the Ninth Circuit.
Subsequently, in late 2010, a Ninth Circuit panel consisting of Justices William Fletcher , Marsha Berzon, and Randy Smith found that Lack and Girardi had committed grave misconduct which included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.
Despite the Ninth Circuit’s determination, in his capacity as special prosecutor, and after reviewing the Ninth Circuit file, Howard Rice partner Jerome Falk chose to not file any disciplinary accusations against Thomas Girardi and Walter Lack, stating that he believed Lack’s misconduct was not intentional.
Mr Tom Girardi of Los Angeles-based Girardi & Keese. Per findings by the Ninth Circuit, Walter Lack and Thomas Girardi have resorted to employing “the persistent use of known falsehoods” and “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation. Subsequnet to those findings, the State Bar of California appointed Howard Rice’s Jerome Falk to serve as special prosecutor against Girardi, Lack, and their respective firms. None mentioned that Girardi and Lack are actually clients of Jerome Falk and Howard Rice. See story here. (Image: courtesy photo)
Please observe that, rather than contacting Hon. Judge Tashima directly, the query is being delivered publicly, here and now.
Any opinion or observation can be sent to lesliebrodie@gmx.com
Following on the heels of a $3.2 million jury verdict for professional malpractice against Girardi & Keese, a declaration of mistrial, as well as absurd remarks by Tom Girardi (“This is the most stupid case in the history of America”), prominent trial lawyer Terance Mix minced no words in accusing Girardi & Keese of profesional negligence, and for failing to accept responsibility for the catastrophic consequences befalling Girardi & Keese’s former client, Richard Salerno.
As a service to the community, TLR shall publish Terance Mix’s comment, below:
“Tom Girardi’s comment reflects not only his ignorance about the actual facts of a case that sat in his office largely ignored for over two years, but from a lawyer unwilling to own up to the failings of his firm and accept responsibility for the catastrophic consequences befalling his client when Girardi & Keese bailed on the case only 42 days before trial.
Mr Terance Mix of Santa Barbara, California. Mix is the former president of the Los Angeles Trial Lawyers Association and spent 12 years on the Board of Governors of California Trial Lawyers Association. He is a legal author and lecturer on trial techniques and strategies, including the trial of drug product cases, which was his specialty for over 30 years. (image: courtesy photo)
What Mr. Girardi fails to acknowledge in his rant about the “most stupid case in the history of America” is that the only independent and impartial witness to the impact between Richard Salerno’s motorcycle and the Volvo, being driven next to one another in the same direction, testified that as he passed the two vehicles, while traveling in the opposite direction, Mr. Salerno appeared to be “talking” to the Volvo driver as he passed them, and never saw Salerno remove his hands from the handlebars at any time before the impact.
This evidence is totally contradictory to Mr. Girardi’s assertion that Mr. Salerno was in a “rage” and “beating on the car with his fists and shouting expletives,” as stated in the Metro News article. Indeed, the evidence produced during the trial overwhelmingly demonstrated that the Volvo driver swerved into the motorcycle, as a means of intimidation, knocking Mr. Salerno to the ground and then driving over him with the left rear tire of the car.
Mr Tom Girardi of Los Angeles-based Girardi & Keese. Per findings adjudicated by the Ninth Circuit, Walter Lack and Thomas Girardi have resorted to employing “the persistent use of known falsehoods” and “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation. Subsequnet to those findings, the State Bar of California appointed Howard Rice’s Jerome Falk to serve as special prosecutor against Girardi, Lack, and their respective firms. None mentioned that Girardi and Lack are actually clients of Jerome Falk and Howard Rice. See story here. For additional allegations of misconduct leveled against Girardi, please see here, and here , and here, and here, and here, and here, and here, and here, and here, and here. For the latest on Walter Lack, please see here.
What Mr. Girardi also failed to mention, as was likewise brought out during the trial, was that the firm’s real reason for wanting out of the lawsuit was simply because they thought it was a lousy case and Mr. Salerno refused to accept a $20,000 offer for a client with a fractured skull, brain damage, multiple other injuries, and medical expenses in excess of $1,000,000. And that the lawyer in his firm that was assigned to the case contrived an allegation that Mr. Salerno intended to lie at the trial, only after the client refused to sign a substitution of attorney form about 50 days before the scheduled trial of the case.
Perhaps if Mr. Girardi had been present throughout the trial, rather than making just a couple of shorts visits, he might have seen how the underlying case could have been developed by his firm during the two years of representation and successfully resolved with the original defendant, thus avoiding last months trial for professional negligence.”
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