Announcements

May 31, 2007

Judge Bryant's Law Clerks Positions Filled

Please be advised that Judge Bryant has filled the law positions previously mentioned in the posting below. Thank you to all who applied and who passed the information along. Good luck to Judge Bryant and her clerks.

Posted by Jerry C. Pia at 12:18 PM | Permalink | Comments (0)

March 12, 2007

Are Jurors' Identities A Secret???

One of our members forwarded us the story from yesterday''s Connecticut Post, written by Michael P. Mayko, questioning whether "[j]uries have become shielded information" in the District of Connecticut.

The story notes that clerks in Connecticut's federal courts have been refusing to release to the public the names and addresses of the members of sitting juries. The story includes quotes from the Honorable Alvin W. Thompson, the Honorable Alan H. Nevas, and the Honorable Stephan R. Underhill, all of whom spoke about various levels of access to such information within their own courtrooms.

The article contrasts those responses with the statements of Kevin Rowe, Clerk of the District of Connecticut, who indicated that the District's local rules prohibits the Clerk's Office from releasing that information except to counsel.

The rule at the center of this issue is Local Civil Rule 83.5, which provides, in part, that:

"The Clerk shall not provide information concerning the petit or grand jurors to any person, other than a judicial officer, except that the Clerk shall make available petit juror questionnaires to counsel or pro se parties participating in jury selection. Applications for exceptions to this Rule 83.5 shall be made in writing to the presiding Judge and shall set forth the information sought and the reason for the request."

According to the Connecticut Post article, Judge Thompson indicated that he reads that rule as pertaining only to responses on juror questionnaires that are submitted before jury selection in open court, rather than the names and towns of sitting jurors. Judge Thompson advised the Connecticut Post that he would discuss this issue with his colleagues, and that he
is considering a court media panel to work out any access problems that may arise.

We invite our members to opine on this issue. What do you think the Rule requires/prohibits? What SHOULD it require/prohibit? Do you have any of your own stories regarding disclosure or protection of jurors' identities from your clerking days? (Obviously, don't disclose any protected material!)

You can comment by clicking the "Comment" link below.

Posted by Jerry C. Pia at 2:57 PM | Permalink | Comments (1)

March 11, 2007

New Federal Rules and Computer Forensics

DCLC members Brian Roche and Gerald Pia recently published an article in the Connecticut Law Tribune on the "Secrets Of The Computer Hard Drive." Their firm's CyberLaw practice includes the handling of trade secret and computer crimes cases, and they suggest in the article that the search for the "smoking gun" often starts with a forensic search of their clients' own computer systems -- at least in the context of alleged breaches by former employees. Roche and Pia further opine that the potential breadth of the new amendments to the Federal Rules of Civil Procedure may provide incentive for parties and non-parties to avoid potential invasive forensic searches by settling early in the litigation.

"Secrets Of The Computer Hard Drive," originally published in the "E-Discovery and Technology" supplement to the Connecticut Law Tribune, can be viewed by clicking here.

Have you authored an article that you would like published on fedclerks.com? Email us. We would love to post it.

Posted by DCLC at 12:39 PM | Permalink | Comments (0)

March 2, 2007

DCLC Co-Founders In The News

From time to time we have asked Members to submit stories, news, and/or events about themselves for a quick blog on our website. In an effort to spark such submissions, we note that DCLC co-chair Gerald Pia ("Jerry") was quoted in the Your Money section of today's Connecticut Post, after attending an Intellectual Property seminar put on by Carmody and Torrance in Roche Pia's new hometown of Shelton, Connecticut. Pia complimented the presenters, and also got the chance to talk about Roche Pia's CyberLaw practice. The CT Post story can be viewed by clicking here.

Please let us know if any of our members are ever featured in the news, or have any updates or stories that we would all be interested to read.

Posted by DCLC at 11:59 AM | Permalink | Comments (0)

February 28, 2007

ABA Changes Mind: Judge Bryant Is Qualified

The judicial screening committee of the American Bar Association has reversed itself on the nomination of Superior Court Judge Vanessa L. Bryant to the federal bench. Although the committee concluded a year ago that Judge Bryant was not qualified, it has now decided that she is qualified to serve as a federal judge.

The committee chairman said that the new evaluation is the result of a routine re-examination of Bryant's qualifications, which was triggered when Judge Bryant's nomination was resubmitted in January by President Bush after Congress adjourned last year without acting on it. The story from the Hartford Courant can be viewed by clicking here.

Posted by Jerry C. Pia at 11:39 AM | Permalink | Comments (0)

February 16, 2007

Judge Underhill Hears Challenge to Election Laws

Judge Stefan R. Underhill -- who is presiding over a federal lawsuit brought by the Green and Libertarian parties challenging Connecticut's new campaign financing laws -- has been asked by the State and two advocacy groups to dismiss the action. The motion was filed by Common Cause, Citizens' Elections Program and Connecticut Attorney General Richard Blumenthal.

In the suit, the Green and Libertarian parties argue that the new law is an "incumbent protection mechanism." The Association of Connecticut Lobbyists, which has also filed suit, claims the law violates the free speech and free association aspects of the Constitution. However, the two advocacy groups seeking dismissal rely on U.S. Supreme Court precedent holding that a candidate can reasonably be required to demonstrate some minimal form of public support before taxpayers are called upon to finance a campaign." The groups are represented by Suzanne Novak, deputy director of the Democracy Program at the Brennan Center in Washington, which defends public financing laws.

For more information, please click here to read the story by Connecticut Post columnist Michael P. Mayko.

Posted by Jerry C. Pia at 2:24 PM | Permalink | Comments (0)

January 15, 2007

Opportunity for Young Lawyers to meet New Haven Judges

For those of you who are interested (and who qualify), the Young Lawyers Section of the CBA's Federal Practice Committee is sponsoring a "Dinner with the New Haven Federal Judges" on February 7, 2007. The details are:

Cocktails at 6:00 PM; Dinner at 6:30 PM
PLACE: Quinnipiack Club, 221 Church Street, New Haven, CT
REGISTRATION FEE: $50.00 (includes registration fee and dinner)

To view/download the registration form, click this link: Download file

Posted by Jerry C. Pia at 2:46 PM | Permalink | Comments (0)

January 9, 2007

New Congress to Revisit Sentencing Guidelines?

According to the New York Times, one of the agenda items for the new Congress is to address and perhaps revise the Federal Sentencing Guidelines to give District Court Judges more discretion when fashioning sentences. (The New York Times article can viewed by clicking here.)

Many of the Judges in our District have voiced concerns over the Guidelines in the past. Please share any stories or comments you have regarding a need for reform, what our Judges might like to see changed, or any other Guideline issues, by clicking the Comments link below. Please share!

Posted by Jerry C. Pia at 2:06 PM | Permalink | Comments (0)

January 8, 2007

Judges to Serve as Panel at CBA Event

The Hon. John M. Walker, Jr., of the U.S. Court of Appeals for the Second Circuit, as well as Justice Richard N. Palmer of the Connecticut Supreme Court and Judge Douglas S. Lavine of the Appellate Court, will be serving as a panel for a discussion on oral and written advocacy at a CBA event on January 17, 2007. If you are interested in the event, which is being held at UConn, you can download or print the registration form by clicking here.

Posted by Jerry C. Pia at 4:16 PM | Permalink | Comments (0)

December 29, 2006

District of Connecticut Courthouses Closed January 2, 2006

In light of the passing of President Gerald Ford and in accordance with an executive order issued by the White House, both the Second Circuit and the Connecticut District Court will be closed on Tuesday, January 2, 2007.

Posted by Brian C. Roche at 12:23 PM | Permalink | Comments (0)

December 20, 2006

Judge Nevas Sets New Date In Newton Hearing

Yesterday, the Honorable Alan H. Nevas gave Sen. Ernest Newton a chance to argue that his
five-year prison sentence for corruption should be reduced, but indicated that "it is [the Court's] present intention to impose the same sentence of 60 months." Judge Nevas set a hearing for March 6 at which Newton will have a chance to argue for a lower sentence. Newton's conduct, which came after a wave of corruption in Connecticut that sent former Gov. John G. Rowland, Bridgeport Mayor Joseph Ganim and others to prison, was the primary factor in Judge Nevas' original decision, and thus is the primary obstacle Newton's lawyers will have to overcome. Click here for the Connecticut Post article on this case.

Posted by Jerry C. Pia at 11:57 AM | Permalink | Comments (0)

December 12, 2006

We've Settled; Please Vacate That Decision?

Can parties who have agreed to settle a case ask the Court to vacate a decision as part of that settlement? Yes. Can the Court do that? Sometimes. The Second Circuit Court of Appeals has ruled on the issue of when a District Court can/should vacate a decision as part of a settlement -- a test that involves weighing the parties' interest in settlement against the public's right to judicial precedent. The case, Mattel, Inc. v. Goldberger Doll Mfg. Co., No. 04-6432-cv (2d Cir. Nov. 2, 2006), is the subject of a recent blog by William Patry, Senior Copyright Counsel at Google Inc., which can be viewed by clicking here.

Would your Judge have considered vacating his/her decision as part of a settlement? Click the Comments link and let us know!

Posted by Jerry C. Pia at 10:24 AM | Permalink | Comments (1)

December 8, 2006

Judge Nevas Agrees to Review Newton Sentence

U.S. District Court Judge Alan H. Nevas has scheduled a hearing to review the five-year prison sentence given to former Bridgeport state Sen. Ernest E. Newton II. The Second Circuit Court of Appeals has asked Judge Nevas to explain why he imposed a sentence that exceeded federal guidelines, and has said that, once Judge Nevas explains his sentence, it will retain jurisdiction and reconsider the matter, if necessary. The hearing is set to occur on December 19 in Bridgeport.

Posted by Jerry C. Pia at 4:50 PM | Permalink | Comments (0)

December 6, 2006

Second Circuit Decertifies Class in IPO Cases

Yesterday, the Second Circuit Court of Appeals issued a decision in the IPO cases, which have made headlines recently. Our own Judge Jon E. Newman, writing for a panel consisting of him, Judge Sotomayor and Judge Hall, held that District Judge Shira Scheindlin erred in granting class-action status to six of 310 cases arising from allegations that the IPO market was manipulated by the banks and the Internet start-ups they took public during the technology stock boom.

The ruling, which has important ramifications for future would-be class actions, essentially held that the plaintiffs' claims weren't similar enough to be tried together. For those of you who are interested, an article on this decision can be found on Bloomberg.com by clicking here.

Or, read the decision by clicking here.

Posted by Jerry C. Pia at 2:50 PM | Permalink | Comments (0)

November 13, 2006

Is $1500 Per Hour An Excessive Fee?

An expensive ($100 million) divorce and an alleged agreed-upon "bonus" have the State investigating whether a Greenwich attorney charged an excessive $1,500 per hour fee. Last year, a federal jury awarded the client $371,000, after he sued the Greenwich attorney. A hearing before a grievance committee is expected to continue in January. The client also has a lawsuit pending against his former wife's attorney, for the bonus that attorney received. For a more detailed account of these events, see the article in the CT Law Tribune on Law.com or see the article on NBC30.com.

Posted by Jerry C. Pia at 2:08 PM | Permalink | Comments (0)

November 10, 2006

Law Clerk Wins Election Over Judge He Served!

A bit of humorous law clerk (though obviously not federal) trivia:

In Minnesota, a law clerk decided to run against the judge he was serving, and actually squeaked out a win in the election. The race was the only contested judicial race in that district. The law clerk, who had served the judge for more than four years before the challenge, received 50.5 percent of the vote to 49.3 percent for the judge.

The law clerk has never practiced law, but has served as a law clerk to at least two judges. The defeated judge had been on the bench for 26 years.

This Associated Press story can be found on the website for the LaCrosse Tribune.

Posted by Jerry C. Pia at 5:06 PM | Permalink | Comments (0)

November 1, 2006

Topix.net Web Feed Removed

We have removed the web feed from Topix.net. If you are not familiar with RSS technology, it powers news feeds such as the ones found in our right column. We do not create or control them. We noticed today that the Topix.net feed used titles that were inappropriate and did not reflect the actual content of the articles. As such, we have removed that entire feed. If anyone knows of any 2nd Circuit RSS feeds, or other topical feeds, that are trustworthy, please let us know. Thanks!

Posted by Jerry C. Pia at 4:24 PM | Permalink | Comments (0)

New DCLC Site Goes Live!

The DCLC got a face lift!

Fellow DCLC members, we hope you enjoy the new site, find it useful, use it, and check in every so often. There is good reason to do so because the web feeds and other features are updated daily, and we will include updated blogs/alerts as appropriate. It also has Google's search engine, and handy links. So, feel free to make it your home page!

If you're willing, please enter your email address in the "Updates" box in the right column, so that we can notify you of important announcements, etc. Please also feel free to send a link to our page to any and all current and former clerks, so that they can self-register as well.

Special thanks to a good friend, Peter Olson, Esq., who, though not a former clerk, was kind enough to design the site for us!

Last, we would appreciate your comments. So let us know what you think!

Hope all is well.

Jerry & Brian

Posted by Jerry C. Pia at 9:47 AM | Permalink | Comments (0)

September 30, 2006

DCLC Co-Founders "Co-Found" Again!

The DCLC Co-Founders, Brian Roche and Jerry Pia, are pleased to announce that they have co-founded their own firm, Roche Pia LLC. Their doors open on September 30, 2006. Brian and Jerry can be reached at:

Roche Pia LLC
Two Corporate Drive
Suite 234
Shelton, CT 06484
203.944.0235
Facsimile: 203.225.1244
www.rochepia.com
Jerry Pia and Brian Roche

We have high hopes revitalizing the DCLC. A new website is in the works, which we hope will facilitate communication and networking between and among DCLC members, and we intend to have a 2nd (and hopefully 3rd, 4th, etc.) get-together, probably in the beginning of 2007. If anyone has any input or ideas for an event, or for any other activities, please do not hesitate to contact us.

Also, we are glad that our Members have utilized us for emails to members about job openings where employer (wisely) seek former clerks as applicants. Please continue to contact us regarding any messages you believe are appropriate for our group.

Best wishes!

Posted by Jerry C. Pia at 4:54 PM | Permalink | Comments (0)

January 5, 2004

Former Federal Clerks Start "DCLC"

Gerald "Jerry" Pia and Brian Roche -- two former law clerks from the District of Connecticut -- have founded the District of Connecticut Law Clerks ("DCLC") Society. Jerry clerked for the Hon. Holly B. Fitzsimmons, and Brian clerked for the Hon. Alan H. Nevas. They created the group to provide fellow former clerks with a means of keeping in touch and networking with one another, as well as with the judges for whom we all clerked. They also hope to keep members updated with news about the District and other relevant information. At this time, membership is free, and all current and former clerks are invited to spread the news and send contact information to Jerry or Brian for the DCLC database. We look forward to communicating with all of you soon.

Posted by Jerry C. Pia at 2:03 PM | Permalink | Comments (0)